Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6179

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2462)

ASTUTE HIRE PTY LIMITED T/AS QMC GROUP/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Astute Hire Pty Limited t-as QMC Group / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Astute Hire Pty Limited t/as QMC Group/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 12 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application by the Construction, Forestry, Mining and Energy Union for approval of the Astute Hire Pty Limited t/as QMC Group / CFMEU Collective Agreement 2013-2014, the Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009. The application arose from negotiations between Astute Hire Pty Limited, trading as QMC Group, and the Construction, Forestry, Mining and Energy Union (CFMEU), leading to the submission of a collective agreement for approval. The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its procedural fairness and the process by which it was made.

The Fair Work Commission meticulously reviewed the application and the procedural steps taken to ensure the agreement met the statutory requirements. The Commission examined whether the agreement was made in good faith, whether the process was fair and whether the necessary consultation occurred between the parties. Additionally, the Commission assessed if the agreement contained terms and conditions that were consistent with the provisions of the Fair Work Act. Upon its review, the Commission determined that the agreement was indeed made in good faith, and the process followed was procedurally fair. The Commission found that the necessary consultation occurred, and the terms of the agreement were consistent with the Fair Work Act.

Consequently, the Fair Work Commission approved the Astute Hire Pty Limited t/as QMC Group / CFMEU Collective Agreement 2013-2014, deeming it compliant with the Fair Work Act. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was negotiated fairly and contained appropriate terms and conditions. As a result, the application for approval was granted, and the collective agreement was endorsed for implementation between the parties involved.

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