Construction, Forestry, Mining and Energy Union

[2013] FWCA 6607

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2657)

D & C CONCRETE PUMPING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the D & C Concrete Pumping Pty Ltd/CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the D & C Concrete Pumping 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 11 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 an application for approval of a collective agreement between D & C Concrete Pumping Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement in question was for the period 2013 to 2014. The central dispute centred on whether the proposed agreement complied with the provisions of the Fair Work Act 2009, specifically in relation to the good faith bargaining requirements and the terms and conditions of employment. The Fair Work Commission was tasked with determining whether the collective agreement met the legal standards and could be approved for implementation.

The primary legal issue before the Commission was whether the agreement had been reached through genuine and good faith bargaining. The Commission had to consider whether the parties had engaged in a process that was free from coercion, duress, and other impediments to genuine negotiation. Additionally, the Commission needed to ensure that the terms of the agreement were fair and reasonable, and did not contravene any provisions of the Fair Work Act. This included assessing whether the agreement included terms that were outside the scope of permissible matters under the legislation.

In its decision, the Commission examined the process through which the agreement was negotiated and concluded that the bargaining had indeed been conducted in good faith. The evidence presented demonstrated that both parties had engaged in meaningful discussions and had reached a consensus on the terms without any undue pressure or impediments. The Commission also reviewed the terms of the agreement and found them to be fair and reasonable, within the scope of permissible matters under the Fair Work Act. As a result, the Commission approved the collective agreement for the period 2013 to 2014.

The final order of the Commission was the approval of the D & C Concrete Pumping Pty Ltd/CFMEU Collective Agreement 2013 - 2014, subject to the terms and conditions specified in the decision. The Commission's approval meant that the agreement could be implemented and enforced, providing a stable framework for the employment relationship 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