Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5782

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/8040)

PRECISE CUT & CORE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 AUGUST 2013

Application for approval of the Precise Cut & Core Pty Ltd 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 9 August 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the Precise Cut & Core Pty Ltd 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 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 matter before the court involved an application for approval of a collective agreement between Precise Cut & Core Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's approval of the terms of the agreement. The dispute centred around the content of the collective agreement, particularly its provisions relating to employee entitlements and conditions of employment.

The primary legal issue before the court was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms and conditions, including matters such as minimum wages, leave entitlements, and other employment standards. The court also needed to consider whether the agreement complied with the provisions of the Act, which include ensuring that the agreement is fair and does not undermine the existing rights and protections for employees.

The Fair Work Commission, in reviewing the application, examined the terms of the collective agreement in detail. It assessed whether the provisions were consistent with the principles of fairness and reasonableness as required by the Act. The Commission took into account the bargaining positions of the parties, the nature of the industry, and the broader economic context. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the industry and the parties involved. The Commission found that the agreement was compliant with the statutory requirements and approved the collective agreement.

As a result of the Commission's decision, the collective agreement between Precise Cut & Core Pty Ltd and the CFMEU for the period 2011-2015 was approved. This decision confirmed the terms and conditions outlined in the agreement as binding on the parties, ensuring that the employment relationship would be governed by the agreed terms. The court's approval of the agreement provided certainty and stability for both the employer and the employees, reflecting the negotiated balance of interests 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