Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7099

The attached document replaces the document previously issued with the above code on 18 September 2013.

The operation date in Clause [4] should read 25 September 2013

Glenda Cameron

Associate to Commissioner Macdonald

Dated - 18 September 2013

[2013] FWCA 7099

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2847)

CAGE SECURITY GUARD SERVICES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the Cage Security Guard Services Pty Ltd/CFMEU Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cage Security Guard Services 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 25 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Collective Agreement between Cage Security Guard Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2013-2015. The application was brought forth to ensure that the terms and conditions of employment laid out in the agreement complied with the Fair Work Act 2009. The Commission's task was to examine the agreement to determine if it met the statutory requirements for fair and reasonable terms of employment, including aspects such as pay, leave, and other conditions.

The primary legal issues before the Commission centred on whether the provisions of the agreement were consistent with the objectives of the Fair Work Act, specifically whether the agreement provided for fair and reasonable terms of employment that were not overly harsh, inflexible or precarious. The Commission had to consider various clauses within the agreement, such as those pertaining to wages, conditions of employment, and dispute resolution mechanisms. The Commission was tasked with ensuring that the agreement did not unfairly disadvantage either party and that it was made in good faith, free from coercion.

In examining the agreement, the Commission considered the nature of the industry and the specific roles of the employees covered by the agreement. The Commission noted the importance of maintaining industrial harmony and recognised the need for flexibility in the agreement to accommodate the dynamic nature of the security industry. The Commission concluded that the agreement, while not perfect, provided for fair and reasonable terms of employment. The Commission found that the provisions regarding pay, leave, and dispute resolution were fair and did not exhibit any elements of coercion or unfairness. Consequently, the Commission approved the agreement, subject to certain conditions that were intended to ensure ongoing compliance with the Fair Work Act.

The final orders of the Commission included the approval of the agreement, with conditions that required ongoing monitoring and reporting on the implementation of the agreement. The Commission directed the parties to provide regular updates on the operation of the agreement and to address any issues that arose in a timely manner. The approval was contingent upon the parties' continued adherence to the principles of good faith bargaining and the avoidance of any practices that could be deemed unfair or coercive.

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