Construction, Forestry, Mining and Energy Union

[2013] FWCA 8092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/10704)

TRI CIVIL PTY LTD /CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 15 OCTOBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Tri Civil 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 22 October 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of a collective agreement entered into with Tri Civil Pty Ltd. The agreement, covering the period 2013 to 2016, outlined the terms and conditions of employment for workers in the ACT. The application was made under the Fair Work Act 2009, which requires certain agreements to be approved by the Commission if they are to be registered and have legal effect. The Commission had to decide whether the agreement met the criteria for approval under the Act.

The central legal issue was whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and the Fair Work Regulations 2009. The Commission needed to assess if the agreement provided for minimum rates of pay, allowances, penalties for breaches, provisions for termination of employment, and other key terms as required by the legislation. Additionally, the Commission had to determine if the agreement was consistent with the provisions of the Act, including whether it facilitated or hindered the operation of the national workplace relations system.

The Commission found that the agreement met all the statutory requirements for mandatory terms and was consistent with the Fair Work Act. The agreement provided for minimum rates of pay, allowances, and penalties for breaches, as well as provisions for termination of employment. Furthermore, the Commission was satisfied that the agreement did not facilitate or hinder the operation of the national workplace relations system. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act.

The Commission issued a certificate of approval for the Tri Civil Pty Ltd /CFMEU Collective Agreement (ACT) 2013-2016, which was registered with the Fair Work Ombudsman. The agreement now has legal effect and can be enforced as a binding contract between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established