Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9535)

FRESHMORE (NSW) PTY. LTD T/A ADVANCE PRECAST (AUST) SYDNEY NSW / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 27 SEPTEMBER 2013

Application for approval of the Freshmore (NSW) PTY. LTD T/a Advance Precast (Aust) Sydney NSW / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Freshmore (NSW) PTY. LTD T/a Advance Precast (Aust) Sydney NSW / 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 4 October 2013. The nominal expiry date of the Agreement is 1 May 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Freshmore (NSW) PTY. LTD T/a Advance Precast (Aust). The application was brought before the Fair Work Commission (FWC), which is tasked with overseeing and approving such agreements. The CFMEU aimed to ensure that the collective agreement met the statutory requirements and provided fair terms and conditions for the employees represented by the union.

The primary legal issue before the FWC was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included an assessment of whether the agreement satisfied the requirements for good faith bargaining and whether it provided for fair and reasonable terms and conditions. Additionally, the FWC needed to consider whether the agreement was consistent with the broader objectives of the Fair Work Act, which includes promoting higher wages and better working conditions.

The FWC examined the evidence and submissions from both parties and found that the proposed agreement met the necessary statutory requirements. The commission noted that the agreement reflected the outcome of good faith bargaining and provided for fair and reasonable terms and conditions for the employees. The FWC also considered the broader objectives of the Fair Work Act and concluded that the agreement aligned with these principles. Consequently, the FWC approved the CFMEU collective agreement for the period 2013-2016.

The FWC's decision was final and binding, and the agreement was approved as sought by the CFMEU. The parties were required to implement the terms of the approved agreement, which would govern the employment conditions of the employees for the specified period.

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