Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7502

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9466)

COMPLETE STEEL FIXING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 SEPTEMBER 2013

Application for approval of the Complete Steel Fixing Pty Ltd / CFMEU Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Complete Steel Fixing Pty Ltd / CFMEU Collective Agreement 2013 (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 and Complete Steel Fixing Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] 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.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, have 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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Complete Steel Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the year 2013. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly focusing on the fairness and appropriateness of the terms and conditions outlined within the agreement.

The primary legal issues the Commission needed to address were whether the agreement contained provisions that were fair and appropriate, and whether it complied with the procedural requirements set out in the Act. This included assessing if the agreement provided for genuine collective bargaining, and if the terms and conditions were reasonable and not detrimental to the employees or the employer. The Commission also had to consider the implications of the agreement on the broader industrial relations landscape, particularly in the context of the specific industry and the roles of the parties involved.

In rendering its decision, the Commission examined the provisions of the agreement in detail, taking into account submissions from both parties and any relevant industrial context. The Commission concluded that the agreement was fair and appropriate, as it met the statutory requirements and did not contain any provisions that would be detrimental to the employees or the employer. The agreement was found to reflect genuine collective bargaining and was deemed to be in the best interests of both parties, with terms and conditions that were reasonable and balanced. The Commission approved the agreement, highlighting its compliance with the Fair Work Act and its appropriateness for the industry involved.

The Fair Work Commission approved the Complete Steel Fixing Pty Ltd / CFMEU Collective Agreement 2013, affirming that it met the statutory requirements and was fair and appropriate. The Commission's decision was based on a detailed examination of the agreement's provisions, ensuring that it reflected genuine collective bargaining and did not contain any terms that were unreasonable or detrimental to the parties involved. This approval sets a precedent for similar agreements within the industry, providing clarity and guidance for future negotiations and agreements.

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