Construction, Forestry, Mining and Energy Union

[2013] FWCA 9381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11569)

CAPPELLO CIVIL CONTRACTING SERVICES PTY LTD /CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	MELBOURNE, 28 NOVEMBER 2013

Application for approval of the Cappello Civil Contracting Services Pty Ltd /CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Cappello Civil Contracting Services Pty Ltd /CFMEU Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. 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, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 5 December 2013. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Cappello Civil Contracting Services Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement, which was for the period 2013-2016, aimed to regulate various employment conditions within the construction industry. The union sought approval from the Commission under the Fair Work Act 2009, asserting that the agreement was necessary to improve working conditions and address specific industry issues.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and whether it met the requirements for approval as a registered agreement. The Commission had to determine if the agreement covered the essential terms required by the Act, such as minimum wages and conditions, and whether it was made in good faith and without the influence of improper conduct. Additionally, the Commission assessed whether the agreement provided for a fair and efficient dispute resolution process.

In rendering its decision, the Commission examined the terms of the agreement and the context in which it was made. It found that the agreement comprehensively addressed the key employment conditions and included provisions for dispute resolution. The Commission concluded that the agreement was made in good faith and without any improper conduct. Given these findings, the Commission approved the agreement, acknowledging its potential to improve working conditions and facilitate a harmonious workplace.

The Commission's approval of the collective agreement was based on its compliance with the legislative requirements and its potential to address industry-specific issues effectively. The decision underscores the importance of collective bargaining in achieving fair and reasonable employment outcomes. The approval of the agreement provides a legally binding framework for the employment relationship between Cappello Civil Contracting Services Pty Ltd and the Construction, Forestry, Mining and Energy Union for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established