Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6950

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2770)

CHRIS REILLY AND SONS SCAFFOLDING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Chris Reilly and Sons Scaffolding Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Chris Reilly and Sons Scaffolding Pty Ltd/CFMEU Collective Agreement 2013-2014 (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 23 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Chris Reilly and Sons Scaffolding Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on the approval of a collective agreement between the parties for the period 2013-2014. The Commission was tasked with determining whether the agreement met the legal requirements and standards for approval under the Fair Work Act.

The central legal issues the Commission had to resolve were whether the collective agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it provided for a fair and reasonable method of resolving disputes, and whether it adhered to the minimum standards prescribed by the Act. Additionally, the Commission needed to consider if the agreement included provisions that were not contrary to public policy.

The Fair Work Commission found that the agreement was largely compliant with the legal standards. The Commission noted that the parties had demonstrated good faith in their negotiations and that the agreement contained provisions for dispute resolution that were considered fair and reasonable. While there were some minor procedural irregularities, these did not significantly impact the overall fairness of the agreement. The Commission also confirmed that the agreement did not include any provisions that were contrary to public policy. Based on these findings, the Commission approved the collective agreement.

As a result of the Commission's decision, the collective agreement between Chris Reilly and Sons Scaffolding Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2013-2014 was approved. The approval signified that the agreement met the necessary legal criteria and could be implemented as intended by the parties.

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