Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7995)

INDETAIL DESIGN AND CONSTRUCTION PTY LTD/CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 13 AUGUST 2013

Application for approval of the Indetail Design and Construction Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Indetail Design and Construction Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. 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 they want the Agreement to cover them. 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 20 August 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve a collective agreement between Indetail Design and Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2013-2016. The primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for genuine enterprise bargaining and whether it contained terms and conditions that were fair and reasonable.

The Commission found that the agreement met the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith and covered a broad range of terms and conditions that were relevant to the enterprise. The Commission also found that the agreement contained provisions for genuine enterprise bargaining, including provisions for the parties to meet and negotiate in good faith and to make genuine efforts to reach agreement on any matters that arose during the term of the agreement. The Commission further found that the terms and conditions of the agreement were fair and reasonable, taking into account a range of factors including the economic circumstances of the enterprise and the need to maintain industrial peace and harmony.

Based on these findings, the Commission approved the agreement. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees covered by the agreement, and that it met the statutory requirements for approval under the Fair Work Act. The Commission also noted that the agreement was likely to contribute to industrial peace and harmony in the industry, which was an important consideration in approving the agreement.

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