Construction, Forestry, Mining and Energy Union

[2013] FWCA 6609

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2656)

SHARVAIN PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 9 SEPTEMBER 2013

Application for approval of the Sharvain Pty. Limited/CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sharvain 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 16 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Collective Agreement between Sharvain Pty. Limited and the Construction, Forestry, Mining and Energy Union (CFMEU) for the years 2013-2014. The dispute centred around the terms of the agreement, specifically whether they complied with the relevant industrial legislation. The Commission was tasked with determining the validity and fairness of the agreement.

The primary legal issues revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement was genuinely a product of genuine bargaining, if it was free from improper conduct, and if it contained terms and conditions that were fair and reasonable. The Commission also needed to ensure that the agreement did not discriminate against certain classes of employees or contravene any minimum entitlements set by the relevant industrial instruments.

In its reasoning, the Commission examined the process of bargaining between the parties, the terms of the agreement, and the context in which the agreement was made. The Commission found that the agreement was the result of genuine bargaining, free from any improper conduct, and contained terms that were fair and reasonable. The Commission noted that the agreement included provisions that were consistent with the minimum standards set by the relevant industrial instruments and did not discriminate against any class of employees. Consequently, the Commission approved the agreement, confirming its compliance with the Fair Work Act 2009.

The final orders of the Commission were that the Sharvain Pty. Limited/CFMEU Collective Agreement 2013-2014 be approved as meeting the necessary legislative requirements. This approval validated the terms of the agreement, allowing it to be enforced between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established