Construction, Forestry, Mining and Energy Union

[2013] FWCA 9465

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10077)

CITY RENDERING PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2013-2014

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

Application for approval of the City Rendering Pty. Limited / CFMEU Collective Agreement 2013-2014.

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

City Rendering Pty. Limited / 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with City Rendering Pty. Limited. The agreement, dated 2013-2014, detailed terms of employment for workers in the rendering industry. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and other relevant legislative provisions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act, including provisions on minimum wages, penalty rates, and employee entitlements.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms of employment, adhered to minimum wage and penalty rate requirements, and aligned with broader industrial relations principles. The CFMEU argued that the agreement was fair and reasonable, while City Rendering contended that certain clauses were overly restrictive and did not comply with statutory requirements. The Commission had to balance the interests of the employer and employees, ensuring that the agreement was not only legally compliant but also practical and fair.

The Fair Work Commission found that the agreement generally complied with the requirements of the Fair Work Act 2009. The Commission noted that while some clauses could be considered restrictive, they did not contravene the Act and were necessary to address specific operational needs of the employer. The agreement provided for fair wages and conditions, and the Commission was satisfied that it did not unfairly disadvantage either party. The Commission approved the agreement, subject to certain modifications to ensure full compliance with statutory provisions.

The final orders of the Commission included approval of the collective agreement with specified modifications. These modifications were aimed at ensuring compliance with minimum wage and penalty rate requirements, and the agreement was to be implemented as amended. The decision underscored the importance of balancing the interests of employers and employees while adhering to legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established