Construction, Forestry, Mining and Energy Union

[2013] FWCA 9467

The attached document replaces the document previously issued with the above code on 3 December 2013.

A correction has been made to the title of the document.

Stevie Smith

Associate to Commissioner Riordan

Dated 5 December 2013

[2013] FWCA 9467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/10053)

ERECTOR GROUP PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 DECEMBER 2013

Application for approval of the Erector Group Pty Ltd / CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe

Erector Group Pty Ltd / CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Erector Group Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2013-2014. The dispute centred on whether the agreement complied with the statutory requirements for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission, an industrial tribunal with jurisdiction over employment and workplace relations matters in Australia.

The primary legal issue before the Commission was whether the collective agreement met the criteria for approval as set out in section 232 of the Fair Work Act. This required the Commission to examine if the agreement was made in good faith and for the purpose of creating an enterprise agreement, if it complied with the Act's provisions and if it included terms and conditions of employment that were fair and reasonable. The Commission also had to consider if the agreement included a genuine attempt to resolve genuine issues between the parties.

In reaching its decision, the Commission thoroughly reviewed the negotiation process and the contents of the agreement. It determined that the agreement was made in good faith and was genuinely intended to establish an enterprise agreement. The Commission found that the agreement was consistent with the Act and that the terms and conditions of employment were fair and reasonable. The Commission approved the agreement, finding that it represented a genuine attempt to resolve the issues between the parties. The Commission's decision was grounded in the principles of fairness and good faith, as well as the statutory requirements for the approval of collective agreements.

The Fair Work Commission approved the Erector Group Pty Ltd / CFMEU Collective Agreement 2013-2014, finding it to be a genuine attempt to resolve the issues between the parties and compliant with the requirements of the Fair Work Act. The Commission's decision highlighted the importance of good faith and fairness in the negotiation and approval of collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established