Construction, Forestry, Mining and Energy Union

[2013] FWCA 6190

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2465)

RUBYSTY PTY LTD 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 Rubysty 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 Rubysty Pty Ltd t/as QMC Group/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 5 September 2013. The nominal expiry date of the Agreement is 31 March 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Rubysty Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013-2014. The Construction, Forestry, Mining and Energy Union (CFMEU) sought the approval of the Fair Work Commission, which was the relevant tribunal overseeing the agreement between the employer and the union. The agreement was intended to cover the terms and conditions of employment for employees within the civil construction industry for the specified period.

The primary legal issue before the tribunal was whether the collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the tribunal needed to determine if the agreement was made in good faith and without coercion, if it was consistent with the principles of the Act, and if it was consistent with the terms and conditions of the modern awards. The tribunal also needed to consider if the agreement provided for the proper administration of the agreement and if it contained any terms that were inconsistent with the Act.

After considering the submissions from both parties and reviewing the contents of the agreement, the tribunal found that the agreement was made in good faith and without coercion. The tribunal was satisfied that the agreement was consistent with the principles of the Act and the modern awards. The tribunal also found that the agreement contained provisions for the proper administration of the agreement and that there were no terms that were inconsistent with the Act. Accordingly, the tribunal approved the collective agreement, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission approved the Rubysty Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013-2014, subject to certain modifications. The modifications related to the provisions concerning the administration of the agreement and the inclusion of certain terms that were inconsistent with the Act. The tribunal ordered that the agreement be amended to reflect these modifications within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established