Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9142

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9989)

AARISTOCRAT CONSTRUCTION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 -2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 NOVEMBER 2013

Application for approval of the Aaristocrat Construction Pty Ltd / CFMEU Collective Agreement 2013-2014.

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

Aaristocrat Construction 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Aristocrat Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment within the construction industry, specifically for workers employed by Aristocrat Construction. The Commission was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement contained all the prescribed minimum terms and conditions and whether it complied with procedural requirements, such as proper notification and consultation with the relevant parties. The Commission also needed to consider whether the agreement was in the public interest and whether it provided an appropriate balance of rights and obligations for both employers and employees.

In delivering its decision, the Commission carefully examined the proposed agreement against the statutory framework. It noted that the agreement contained all the prescribed minimum terms and conditions, ensuring that it met the basic requirements for approval. The Commission also found that the procedural requirements had been met, as proper notification and consultation had taken place. Furthermore, the Commission considered the broader public interest implications, concluding that the agreement would promote industrial peace and harmony while providing a fair and reasonable balance of rights and obligations for both parties. Based on these findings, the Commission approved the collective agreement, highlighting its role in fostering constructive industrial relations.

The Fair Work Commission approved the proposed collective agreement between Aristocrat Construction Pty Ltd and the CFMEU. This decision ensures that the agreement will now form the basis of employment terms and conditions for the workers involved, providing a framework that both parties can rely upon. The approval underscores the Commission's commitment to facilitating fair and balanced industrial relations in the construction industry.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established