Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5960

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2261)

TCL SUPPORT SERVICES PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013 - 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2013

Application for approval of the TCL Support Services Pty Limited/CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe TCL Support Services Pty Limited/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Applicant). 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 relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by TCL Support Services Pty Limited to have the Fair Work Commission approve a collective agreement with the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the terms of the agreement were appropriate and complied with the relevant industrial laws. The Commission was tasked with evaluating the agreement to ensure it met the criteria for approval, including that it did not undermine the objectives of the Fair Work Act 2009.

The central legal issues the Commission had to resolve were whether the terms of the agreement provided for employees' rights and conditions in a manner consistent with the Act, and whether they were fair and reasonable. This involved scrutinising various aspects of the agreement, including wage rates, working conditions, and dispute resolution mechanisms. The Commission also had to consider whether the agreement complied with any relevant award or enterprise agreement, and whether it met the standards of procedural fairness.

After careful consideration, the Fair Work Commission determined that the collective agreement met the necessary criteria for approval. The Commission found that the terms of the agreement were fair and reasonable, providing for the protection of employees' rights and conditions in a manner consistent with the objectives of the Act. The Commission also concluded that the agreement did not undermine the objectives of the Act and complied with relevant awards and enterprise agreements. Therefore, the Commission approved the agreement as compliant with the necessary legal standards.

The Commission's final order was that the TCL Support Services Pty Limited/CFMEU Collective Agreement 2013-2014 was approved and would come into effect as of the date of the decision. This approval meant that the agreement would legally bind both the employer and the employees covered by the agreement, ensuring that the terms agreed upon would be enforceable and provide a framework for industrial relations between the parties.

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