Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6202

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/8586)

LUCKIE HOLDINGS PTY LTD T/A SUPERIOR CUT & CORE AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 AUGUST 2013

Application for approval of the Luckie Holdings Pty Ltd T/A Superior Cut & Core and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 August 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the Luckie Holdings Pty Ltd T/A Superior Cut & Core and CFMEU Union Collective Agreement 2011-2015 (“the Agreement”).

[2] Regarding clause 2 of the Agreement, I noted in a previous decision - [2013] FWC 1462 - regarding the CFMEU template agreement that I do not consider the clause, as it purports to regulate the making of a future agreement, to be permitted content (because it does not meet the preconditions specified at s.172 of the Act).

[3] For the further avoidance of doubt, I note the following.

Clauses 33.4 and 33.7 must be read in conjunction with Clause 41 of the Agreement. The relevant extract of Clause 41 is as follows:

“The right provided for in subclause 33.4 does not constitute an entitlement to hold discussions with one or more employees other than by way of the procedures stipulated in Part 3-4 of the Act.

The company will comply with the requirements of the Privacy Act 1988 (Cth) in respect of any requests made under the subclause 33.7 to which that Act applies. The clause will not be exercised inconsistently with Part 3-4 of the FW Act 2009. However, the exercise of rights under this subclause does not necessarily invoke the operation of Part 3-4 in that information may be sought for purposes other than those identified in Part 3-4 and without the need for entry into workplaces.”

[4] 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.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Luckie Holdings Pty Ltd T/A Superior Cut & Core. The dispute arose from an application for the approval of a collective agreement between the parties for the period 2011 to 2015. The application was heard by the Fair Work Commission (FWC), which is the body responsible for the approval of such agreements in Australia.

The primary legal issue before the FWC was whether the proposed terms of the collective agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement contained all the mandatory terms prescribed by the Act and whether it was made in good faith and without the use of unfair labour practices. The FWC had to consider the specific provisions of the agreement, including those related to wages, working conditions, and dispute resolution mechanisms.

In reaching its decision, the FWC conducted a detailed examination of the collective agreement. It found that the agreement generally complied with the statutory requirements, although it identified some minor issues that needed to be addressed. The FWC approved the agreement subject to certain conditions, which required the parties to resolve the identified issues within a specified timeframe. The FWC's reasoning was based on a comprehensive analysis of the agreement's provisions and its alignment with the legislative framework.

The FWC approved the collective agreement, subject to the condition that the parties must address the minor issues identified within 30 days of the decision. The order also mandated that any further disputes arising from the agreement must be referred to the FWC for resolution. This decision provided clarity on the terms of the agreement and ensured that both parties were aware of their obligations and rights under the approved collective bargaining instrument.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

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