Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7555

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9575)

ACTION CIVIL PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the Action Civil Pty Ltd/CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Action Civil Pty Ltd/CFMEU Collective Agreement 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 7 October 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant sought approval for a collective agreement with Action Civil Pty Ltd for the years 2013 to 2014. The respondent, the Fair Work Commission, was responsible for considering and approving the agreement. The primary issue before the court was whether the collective agreement met the legal requirements and standards set by the Fair Work Act 2009, particularly in relation to ensuring fairness and reasonableness for all parties involved.

The court examined the terms of the agreement to determine if they adhered to the principles of good faith bargaining, were fair and reasonable, and complied with the statutory obligations. The key focus was on whether the agreement provided appropriate protections for employees while also allowing the employer to operate effectively. The court also considered whether the agreement contained any provisions that could potentially lead to exploitation or unfair treatment of employees.

After reviewing the evidence and arguments presented by both parties, the court concluded that the collective agreement was fair and reasonable, met the statutory requirements, and was in line with the principles of good faith bargaining. The agreement was approved, recognising the need for a balanced approach that safeguarded the interests of both employees and employers. The court found that the agreement did not contain any provisions that would result in unfair treatment or exploitation of employees, and it provided appropriate protections and benefits. The decision was made in the interest of maintaining fair and harmonious industrial relations within the industry.

The court ordered the approval of the Action Civil Pty Ltd/CFMEU Collective Agreement 2013-2014, subject to the terms and conditions outlined in the agreement. This decision reinforced the importance of fair and reasonable collective agreements in maintaining a balanced relationship between employers and employees, while also ensuring compliance with the relevant statutory obligations.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established