Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5601

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7920)

FREEWAY CONCRETE CONSTRUCTION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 AUGUST 2013

Application for approval of the Freeway Concrete Construction Pty Ltd / CFMEU Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Freeway Concrete Construction Pty Ltd / CFMEU Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union and Freeway Concrete Construction Pty Ltd. 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, have 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between Freeway Concrete Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union. The application was made to the Fair Work Commission (FWC) and was concerned with the enforceability of the proposed agreement under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed agreement met the statutory requirements for approval, including whether it provided for the registration of employees and their right to be represented by a registered organisation, and whether it was made in good faith and without coercion.

The FWC considered the provisions of the Fair Work Act and relevant case law to determine the enforceability of the agreement. The Commission found that the agreement provided for the registration of employees and their right to be represented by a registered organisation, and that it was made in good faith and without coercion. The FWC also considered the nature of the industry and the bargaining environment in which the agreement was made. The Commission was satisfied that the agreement was appropriate and enforceable under the Act.

The FWC approved the Freeway Concrete Construction Pty Ltd / CFMEU Collective Agreement 2013. The decision provides guidance on the requirements for the approval of collective agreements and the considerations that the FWC will take into account when deciding whether to approve an agreement. The approval of the agreement is an important step in ensuring that the parties can move forward with the implementation of the agreement and the resolution of any industrial disputes that may arise in the future.

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