Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2178)

LINDORES PERSONNEL NO.1 PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 AUGUST 2013

Application for approval of the Lindores Personnel No.1 Pty Ltd/CFMEU Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lindores Personnel No.1 Pty Ltd/CFMEU Collective Agreement 2013-2015 (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 23 August 2013. The nominal expiry date of the Agreement is 1 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Lindores Personnel No.1 Pty Ltd to approve a collective agreement with the Construction, Forestry, Mining and Energy Union. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The application was heard by the Fair Work Commission, which has the authority to approve such agreements under the Act.

The primary legal issue for the Commission to decide was whether the collective agreement met the requirements set out in the Fair Work Act, specifically whether it was made in good faith and whether it was for the purpose of creating an industrial instrument. The Commission also needed to assess if the agreement contained any terms that were not genuinely intended to be binding or that were otherwise inconsistent with the statutory protections provided by the Act.

In determining the matter, the Commission examined the evidence and submissions from both parties. It considered the nature of the bargaining process, the terms of the agreement, and whether the agreement was made in good faith. The Commission found that the agreement was genuine and had been made in good faith, with the intention to create a binding industrial instrument. The terms of the agreement were deemed to be consistent with the protections and obligations under the Fair Work Act, and no terms were found to be insincere or inconsistent with the statutory framework.

The Fair Work Commission approved the collective agreement, finding it to be compliant with the requirements of the Fair Work Act. The Commission's decision was based on the evidence presented and the satisfaction that the agreement was genuinely intended to be binding and was made in good faith.

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