Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2134)

FORMSITE GROUP OF COMPANIES/CFMEU COLLECTIVE AGREEMENT 2013-2014

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

Application for approval of the Formsite Group of Companies / CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Formsite Group of Companies / CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application seeking approval of a collective agreement between the Formsite Group of Companies and CFMEU for the years 2013-2014. The application was heard by the Fair Work Commission. The central issue before the Commission was whether the collective agreement met the legal standards for approval, specifically under section 231 of the Fair Work Act 2009. This section requires that a certified agreement provides for the terms and conditions of employment in a manner that is fair and appropriate, considering various factors such as the nature of the enterprise, the bargaining power of the parties, and the principles of the National Employment Standards.

The Commission examined the agreement's provisions, considering whether they aligned with the statutory criteria. It assessed the balance of power between the parties, the fairness of the terms, and the extent to which the agreement provided for adequate protections for employees. The Commission also considered the views of the parties and any relevant economic and social factors. Ultimately, the Commission found that the agreement was fair and appropriate, meeting the necessary criteria for approval. It acknowledged the efforts of both parties in reaching a mutually beneficial agreement that provided adequate protections and terms for the employees involved.

The Fair Work Commission approved the collective agreement, recognising the fairness and appropriateness of its provisions. The Commission's decision was based on a comprehensive assessment of the agreement's compliance with the statutory requirements and the broader considerations of fairness and appropriateness. The approval of the agreement ensures that the terms and conditions of employment are regulated in a manner that is equitable and beneficial for both the employees and the employer. The decision reinforces the importance of achieving fair and balanced agreements in the workplace.

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