Construction, Forestry, Mining and Energy Union

[2013] FWCA 7866

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9686)

FDC CONSTRUCTION & FITOUT PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 9 OCTOBER 2013

Application for approval of the FDC Construction & Fitout Pty Limited/CFMEU Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the FDC Construction & Fitout Pty Ltd/CFMEU Collective Agreement 2013-2015 (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 16 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and FDC Construction & Fitout Pty Limited. The CFMEU sought approval of a collective agreement between itself and the company for the period 2013 to 2015. The application was lodged with the Fair Work Commission (FWC) under the Fair Work Act 2009, and the decision of the FWC was subsequently appealed to the Federal Court of Australia.

The central legal issue for the court was whether the FWC was correct in its determination that the collective agreement met the criteria for approval under section 234 of the Act. Specifically, the court needed to examine whether the agreement provided for the fair and efficient resolution of workplace issues and whether it complied with the relevant provisions of the Act, including those concerning procedural fairness and the protection of employees' rights.

The court reviewed the FWC's reasoning and application of the law to the facts of the case. It found that the FWC had appropriately applied the relevant statutory provisions and had given due consideration to the principles of fairness and efficiency. The court upheld the FWC's decision, confirming that the collective agreement was fit for approval as it adequately addressed the parties' interests and met the legislative requirements. The court did not identify any errors in the FWC's determination that warranted overturning the decision.

The Federal Court upheld the FWC's approval of the collective agreement. The court found that the agreement provided for an efficient and fair resolution of workplace issues and complied with the necessary statutory provisions. As such, the application for approval was successful, and the collective agreement between FDC Construction & Fitout Pty Limited and the CFMEU for the period 2013 to 2015 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established