Construction, Forestry, Mining and Energy Union

[2013] FWCA 8221

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9778)

ELITE HOLDINGS WORKFORCE PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 22 OCTOBER 2013

Application for approval of the Elite Holdings Workforce Pty Ltd / CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Elite Holdings Workforce Pty Ltd/CFMEU Collective 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 29 October 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Elite Holdings Workforce Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and promoting fair work practices in Australia. The CFMEU sought to have the agreement approved, which would set out the terms and conditions of employment for workers within Elite Holdings.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained the necessary provisions to be considered a valid and enforceable document. The Commission also had to consider whether the agreement complied with any relevant awards or registered agreements and if it provided for fair and reasonable terms and conditions of employment.

In its decision, the Commission found that the collective agreement met the statutory requirements. The agreement was negotiated in good faith, and it contained all the necessary provisions to be considered a valid and enforceable document. The Commission also determined that the agreement was consistent with relevant awards and registered agreements and that it provided for fair and reasonable terms and conditions of employment. The Commission noted that while some of the provisions in the agreement may have been more favourable to the union than to the employer, this did not necessarily mean that the agreement was not made in good faith or was not fair and reasonable.

As a result, the Commission approved the Elite Holdings Workforce Pty Ltd / CFMEU Collective Agreement 2013-2014, and the agreement now legally binds both parties. The Commission's decision highlights the importance of ensuring that collective agreements are negotiated in good faith and contain all necessary provisions to be considered valid and enforceable documents. Additionally, it emphasises the need for agreements to comply with relevant awards and registered agreements and to provide for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established