Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5959

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2365)

SUPERBOOM CE PTY LIMITED/CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the SuperBoom Ce Pty Limited/CFMEU Civil Construction Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the SuperBoom Ce Pty Limited/CFMEU Civil Construction 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 10 September 2013. The nominal expiry date of the Agreement is 31 March 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and SuperBoom Ce Pty Limited, with the matter being heard in the Fair Work Commission. The dispute centres around the approval of the SuperBoom Ce Pty Limited/CFMEU Civil Construction Collective Agreement 2013-2014. The CFMEU sought approval of the agreement, which outlines terms and conditions of employment for workers in the civil construction industry.

The primary legal issues before the commission were whether the agreement complied with the Fair Work Act 2009 and if it met the criteria for approval as a modern award. The commission had to determine whether the agreement provided for fair and reasonable terms, did not undermine existing awards, and was made in good faith. Additionally, the commission needed to consider whether the agreement contained any terms that would be detrimental to employees, such as those that could undermine workplace health and safety or lead to unfair dismissals.

In its decision, the Fair Work Commission examined the contents of the agreement in detail. The commission found that the agreement was consistent with the objectives of the Fair Work Act, as it provided for fair and reasonable terms of employment and did not undermine existing awards. The commission also concluded that the agreement was made in good faith and did not contain any terms that would be detrimental to employees. The commission approved the agreement, noting its importance in providing certainty and stability in the civil construction industry.

The Fair Work Commission's decision was that the SuperBoom Ce Pty Limited/CFMEU Civil Construction Collective Agreement 2013-2014 should be approved as a modern award. The commission's approval was based on the agreement meeting the criteria outlined in the Fair Work Act and providing fair and reasonable terms for employees in the civil construction industry.

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