Construction, Forestry, Mining and Energy Union

[2013] FWCA 7428

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2970)

PARKVIEW CONSTRUCTIONS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 26 SEPTEMBER 2013

Application for approval of the Parkview Constructions Pty Ltd/CFMEU Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Parkview Constructions 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 3 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Parkview Constructions Pty Ltd/CFMEU Collective Agreement 2013-2015. The application involved several legal issues, primarily concerning whether the agreement was made in good faith and whether it complied with relevant legislative provisions. The CFMEU argued that the agreement was fair and represented the best interests of the employees, while Parkview Constructions contended that the agreement imposed undue financial burdens and was not made in good faith.

The Fair Work Commission considered whether the agreement was genuinely negotiated between the parties and if it met the requirements set out in the Fair Work Act 2009. The court examined the negotiation process, the terms of the agreement, and whether the agreement was in the best interests of the employees. The Commission found that the agreement was indeed negotiated in good faith and that it complied with the necessary legislative requirements. The terms of the agreement were deemed to be fair and reasonable, considering the context and the interests of both parties.

As a result of the findings, the Fair Work Commission approved the Parkview Constructions Pty Ltd/CFMEU Collective Agreement 2013-2015. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was genuinely negotiated and met the requirements set out in the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the employees of Parkview Constructions are governed by the agreed-upon provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established