Construction, Forestry, Mining and Energy Union

[2013] FWCA 9143

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10005)

GAVCON CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2014

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

Application for approval of the Gavcon Constructions Pty Ltd / CFMEU Collective Agreement 2013-2014.

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

Gavcon Constructions 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Gavcon Constructions Pty Ltd / CFMEU Collective Agreement 2013-2014 before the Fair Work Commission. The primary dispute involved the terms and conditions of employment for workers under the agreement, including wages, hours, and other workplace arrangements. The matter was heard by the Full Bench of the Fair Work Commission, which comprises a panel of three commissioners.

The key legal issues before the court were whether the collective agreement met the requirements of the Fair Work Act 2009, including provisions for minimum wages, penalty rates, and other entitlements. The court also needed to determine if the agreement was made in good faith and whether it complied with the provisions concerning the right to bargain collectively. Furthermore, the court examined if the agreement unfairly disadvantaged any group of employees and if it complied with the public interest considerations.

The court found that the Gavcon Constructions Pty Ltd / CFMEU Collective Agreement 2013-2014 was generally consistent with the provisions of the Fair Work Act 2009. The agreement provided for appropriate minimum wages, penalty rates, and other employment conditions. The court concluded that the agreement was made in good faith and did not unfairly disadvantage any group of employees. The agreement was also deemed to comply with the public interest considerations, including the need to support small businesses and promote productivity. Based on these findings, the court approved the collective agreement.

The final orders of the court were that the Gavcon Constructions Pty Ltd / CFMEU Collective Agreement 2013-2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of registration until the earlier of the parties agreeing to vary or terminate the agreement or the agreement expiring under its own terms. The approval of the agreement ensures that the terms and conditions of employment for workers under the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established