Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9340)

P&M FIRE PROTECTION PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 18 SEPTEMBER 2013

Application for approval of the P&M Fire Protection Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the P&M Fire Protection Pty Ltd / 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 25 September 2013. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were P&M Fire Protection Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the approval of a collective agreement between the parties, covering the period from 2013 to 2016. The matter was heard in the Fair Work Commission. The legal issues at hand primarily revolved around whether the collective agreement met the statutory requirements for approval, and whether it complied with the provisions of the Fair Work Act 2009.

The Commission was tasked with examining the agreement to ensure it was in accordance with the legislative framework. This involved assessing whether the agreement contained provisions that were contrary to public policy or that did not meet the procedural requirements for approval. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The Commission also had to determine if the agreement adequately protected the rights of employees and employers under the Act.

In reaching its decision, the Commission carefully analysed the terms of the agreement and considered submissions from both parties. It concluded that the agreement did meet the necessary statutory requirements and was in compliance with the Act. The Commission found that the agreement was made in good faith and provided for an efficient workplace. It also determined that the agreement adequately protected the rights of both employees and employers, and did not contain any provisions that were contrary to public policy. Therefore, the Commission approved the collective agreement.

The Fair Work Commission approved the P&M Fire Protection Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016, finding it to be in compliance with the Fair Work Act 2009 and made in good faith. The Commission determined that the agreement provided for an efficient workplace and adequately protected the rights of both employees and employers.

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