Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6209

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2464)

QUALITY MANAGEMENT & CONSTRUCTIONS PTY LIMITED T/AS QMC GROUP/CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 29 AUGUST 2013

Application for approval of the Quality Management & Constructions Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Quality Management & Constructions Pty Limited t/as QMC Group/CFMEU Civil Construction Collective Agreement 2013-2014 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 5 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 court involved an application for the approval of the CFMEU Civil Construction Collective Agreement 2013-2014 by Quality Management & Constructions Pty Limited, trading as QMC Group. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the proposed agreement which set out terms and conditions of employment for workers within the civil construction industry. The application was heard in the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction to resolve disputes and make decisions in relation to employment agreements.

The central legal issues the court had to address were whether the agreement was fair and appropriate for the workers it covered and whether it complied with relevant legislative requirements. This included assessing whether the agreement was free from improper conduct, provided for proper and effective bargaining, and met the standards of good faith. The court also had to consider whether the agreement contained terms and conditions that were fair and reasonable in all the circumstances.

In its decision, the court examined the submissions from both parties and the provisions of the Fair Work Act 2009. The court found that the agreement was fair and appropriate, meeting the necessary standards for approval. The court considered the evidence presented, including the processes involved in reaching the agreement and the terms themselves. The court concluded that the agreement was the product of proper and effective bargaining and was fair and reasonable in all the circumstances.

The Fair Work Commission approved the CFMEU Civil Construction Collective Agreement 2013-2014, allowing it to become a legally binding employment contract between the union and the employer. The court's decision was based on its findings that the agreement met all legal requirements and was fair and reasonable for the workers it covered.

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