Construction, Forestry, Mining and Energy Union

[2013] FWCA 5475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7888)

NIKIAS DIAMOND PROPERTY DEVELOPMENTS PTY LIMITED / CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 7 AUGUST 2013

Application for approval of the Nikias Diamond Property Developments Pty Limited / Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Nikias Diamond Property Developments Pty Limited / Construction, Forestry, Mining and Energy Union 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 14 August 2013. The nominal expiry date of the Agreement is 15 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a collective agreement entered into with Nikias Diamond Property Developments Pty Limited. The union argued that the agreement was a good faith attempt to facilitate productivity improvements and provide for flexible work arrangements. Nikias opposed the application, contending that the agreement did not meet the statutory requirements for approval and was not in the best interests of the employees.

The primary legal issues the commission had to address were whether the agreement was made in good faith, whether it facilitated productivity improvements, and whether it was in the best interests of the employees. The commission considered the evidence presented by both parties, including the terms of the agreement, the bargaining process, and the impact of the agreement on the employees. The commission also had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

In reaching its decision, the commission found that the agreement was made in good faith and facilitated productivity improvements. The commission noted that the agreement provided for flexible work arrangements and allowed for the use of technology to improve productivity. The commission also found that the agreement was in the best interests of the employees, as it provided for protections such as minimum wages and leave entitlements. The commission concluded that the agreement met the statutory requirements for approval and approved the application. The commission made orders approving the collective agreement and setting out the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established