Construction, Forestry, Mining and Energy Union

[2013] FWCA 9070

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9937)

M F GROUP AUS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 NOVEMBER 2013

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

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

M F Group Aus 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 case of the Construction, Forestry, Mining and Energy Union involved an application for approval of a collective agreement between the M F Group Aus Pty Ltd and the union. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The union sought to have the agreement, which contained provisions on wages, conditions, and dispute resolution, formally recognised and enforceable.

The central legal issue was whether the agreement complied with the Fair Work Act 2009, particularly sections concerning the need for the agreement to meet the "better off overall test" and to be free from prohibited content. The union argued that the agreement was fair and in the best interests of the employees, while M F Group Aus Pty Ltd contended that certain provisions were beyond the scope of permissible terms under the legislation.

The Commission examined the agreement in detail, considering the specific terms and their implications for the employees. It assessed whether the agreement provided a fair and reasonable outcome for the workers, taking into account various factors such as wage increases, working conditions, and the ability to resolve disputes. The Commission found that the agreement met the statutory requirements and did not contain any prohibited content. Consequently, the application for approval was successful.

The Fair Work Commission approved the collective agreement between M F Group Aus Pty Ltd and the Construction, Forestry, Mining and Energy Union, making it legally binding on both parties. The decision confirmed that the agreement was fair and met the statutory criteria set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established