Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2188)

SPEEDY CEILINGS & PARTITIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 12 AUGUST 2013

Application for approval of the Speedy Ceilings & Partitions Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Speedy Ceilings & Partitions Pty Ltd / CFMEU Collective Agreement 2013 - 2014. (the Agreement). The application was made by 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 19 August 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between Speedy Ceilings & Partitions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, which is tasked with overseeing the enforcement of the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment as stipulated in the proposed agreement, which sought to govern the relationship between the employer and the union representing the employees.

The legal issues before the Commission were primarily concerned with whether the proposed agreement complied with the provisions of the Fair Work Act. This included an examination of whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it provided for the rights and protections of employees as required by the Act. The Commission also had to consider if the agreement met the criteria for being a 'modern award', which is a type of industrial instrument that outlines the minimum terms and conditions of employment for a particular industry or occupation.

In reaching its decision, the Commission undertook a detailed analysis of the agreement, considering both the substance of the terms proposed and the process by which the agreement was reached. The Commission found that the agreement was made in good faith and without any improper influence or coercion. It also found that the agreement provided for the rights and protections of employees as required by the Act and met the criteria for being a modern award. Consequently, the Commission approved the proposed agreement, finding it to be compliant with the requirements of the Fair Work Act.

The Commission's approval of the collective agreement was made subject to certain conditions, which included the requirement that any disputes arising under the agreement be referred to the Commission for resolution. The Commission also noted that the agreement would remain in force until such time as it was superseded by a new agreement or a modern award. This decision provides clarity for both employers and employees in the industry, ensuring that the terms of employment are governed by an agreement that has been independently assessed and approved by the Commission.

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