Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6160

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2467)

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

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 2 SEPTEMBER 2013

Application for approval of the Rubysty 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 Rubysty Pty Limited t/as QMC Group/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the CFMEU 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 9 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) applied to the Fair Work Commission (FWC) for approval of the collective agreement between itself and Rubysty Pty Limited t/as QMC Group, covering the period from 2013 to 2014. The dispute arose from the employer’s assertion that the agreement was inconsistent with the Fair Work Act 2009 (Cth) and therefore should not be approved. The FWC was required to determine whether the agreement met the statutory requirements for approval.

The key legal issues included whether the collective agreement complied with the procedural requirements under section 231 of the Fair Work Act. This involved examining whether the agreement was negotiated in good faith, the union's representative capacity, and the agreement's alignment with the relevant provisions of the Act. Additionally, the court had to consider whether the agreement contained terms that were contrary to public policy or that provided for the payment of money to a person who was not an employee.

In its decision, the FWC held that the agreement was properly negotiated and met the statutory requirements for approval. The FWC found that the union had the requisite representative capacity and that the terms of the agreement did not contravene the Act or public policy. The employer's claims regarding procedural irregularities were dismissed as unfounded. Consequently, the FWC approved the collective agreement as compliant with the necessary legislative standards.

The FWC granted the application for approval of the collective agreement between the CFMEU and Rubysty Pty Limited t/as QMC Group for the specified period. The decision underscored the importance of adhering to the statutory framework in collective bargaining and confirmed the union's capacity to negotiate agreements on behalf of its members.

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