Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2186)

HIGH ACCESS SOLUTIONS AUSTRALIA (HASA) AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 AUGUST 2013

Application for approval of the High Access Solutions Australia (HASA) and CFMEU (WA) and Employees Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the High Access Solutions Australia (HASA) and CFMEU (WA) and Employees Enterprise Agreement 2011-2014 (the Agreement). The application was made 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union v High Access Solutions Australia, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement between the union and High Access Solutions Australia (HASA). The Fair Work Commission was the court involved in this case.

The legal issues before the Commission were whether the proposed enterprise agreement was in the public interest and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether the agreement appropriately balanced the interests of the parties involved, including the employees and the employer.

The Commission found that the proposed enterprise agreement was in the public interest as it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement appropriately balanced the interests of the parties, including the employees and the employer. The Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the High Access Solutions Australia (HASA) and CFMEU (WA) and Employees Enterprise Agreement 2011-2014.

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