Construction, Forestry, Mining and Energy Union

[2013] FWCA 5661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7997)

THE TRUSTEE FOR ANTBUILT TRUST T/A ANTOS CONSTRUCTION/ CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

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

Application for approval of The Trustee for ANTBUILT TRUST T/a Antos Construction/ CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for ANTBUILT TRUST T/a Antos Construction/ 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 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Antos Construction, trading as Antos Construction. The dispute centred on the terms and conditions of employment for workers within the specified industry sectors and the processes by which the agreement should be ratified and enforced. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements for approval and whether it was consistent with the Fair Work Act 2009.

The primary legal issues the Commission had to address included whether the proposed agreement was a "modern award" as defined by the Fair Work Act and whether it adhered to the relevant provisions concerning the negotiation and approval processes. The Commission also had to consider whether the agreement contained all the necessary elements, including minimum wages and conditions, and whether it was made in good faith and without coercion. Additionally, the Commission examined whether the agreement was consistent with the broader objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement contained all the necessary elements and met the legal criteria for approval. The agreement was negotiated in good faith, without any evidence of coercion, and provided for the minimum terms and conditions as required by the Act. The Commission also determined that the agreement was consistent with the objectives of the Fair Work Act, including the promotion of harmonious and productive workplace relations. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with specific statutory requirements.

The final orders of the Commission included the approval of the CFMEU and Antos Construction Collective Agreement (ACT) 2013-2016, with modifications to certain clauses to ensure compliance with the Fair Work Act. The approved agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the agreement. The Commission also ordered that any disputes arising under the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established