Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6853

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2736)

ZANET CONCRETE PUMPING PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 12 SEPTEMBER 2013

Application for approval of the Zanet Concrete Pumping Pty Limited/CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Zanet Concrete Pumping Pty Limited/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 19 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

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 a collective agreement between Zanet Concrete Pumping Pty Limited and the Construction, Forestry, Mining and Energy Union. The parties sought to formalise terms and conditions of employment under a collective agreement for the specified period. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to assess whether the agreement met the criteria for genuine agreement, was in the best interests of the employees, and did not unfairly discriminate against any person. The application also required scrutiny of the agreement's provisions to ensure they did not contravene any existing laws or regulations.

The Commission considered the evidence presented by both parties and reviewed the content of the collective agreement. It found that the agreement was the result of genuine bargaining and was in the best interests of the employees. The Commission also determined that the agreement did not unfairly discriminate against any person and that all provisions complied with the applicable laws. After thorough examination, the Commission approved the Zanet Concrete Pumping Pty Limited/CFMEU Collective Agreement 2013-2014.

The Fair Work Commission approved the collective agreement, recognising it as a genuine outcome of negotiations between the employer and the union. This approval formalised the terms and conditions of employment for the specified period and provided a legally binding framework for the relationship between 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