[2013] FWCA 8049 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2013/10814)
GEELONG HANDRAIL PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 15 OCTOBER 2013 |
Application for approval of the Geelong Handrail Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.
[1] An application has been made for approval of an enterprise agreement known as the Geelong Handrail Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). The agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] The CFMEU 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), I note that the Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with s.54, will operate from 22 October 2013. The nominal expiry date of the Agreement is 31 March 2015.
SENIOR DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Mining and Energy Union [2013] FWCA 8049
- Case
- [2013] FWCA 8049
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address included whether the agreement had been made in the "best interests" of the employees covered by it and whether the agreement met the requirements of "good faith" bargaining. Additionally, the court needed to ensure that the agreement contained the necessary "allowable provisions" as defined in the Fair Work Act. The court also examined if the agreement included provisions that were contrary to public policy or that were "unconscionable."
In delivering its decision, the court first considered the "best interests" criterion, finding that the agreement contained provisions that were beneficial to the employees, such as fair wages and reasonable working conditions. The court then examined the "good faith" requirement, concluding that both parties had engaged in genuine negotiations and had reached the agreement voluntarily. Regarding the "allowable provisions," the court found that the agreement contained provisions that were permissible under the Act. Finally, the court determined that none of the provisions were contrary to public policy or unconscionable. Consequently, the court approved the Geelong Handrail Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.
The final orders of the court were to approve the enterprise agreement as being in the best interests of the employees, meeting the requirements of good faith bargaining, and containing allowable provisions. The agreement was therefore authorised to take effect and be binding on the parties from the date of the decision. This approval was significant as it provided a framework for the employment conditions of workers within the specified industry and ensured compliance with the statutory requirements set out in the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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