Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5163

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7635)

NORTHSIDE FABRICATIONS PTY. LTD. AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 JULY 2013

Application for approval of the Northside Fabrications Pty. Ltd. and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 July 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the Northside Fabrications Pty. Ltd. and CFMEU Union Collective Agreement 2011-2015 (“the Agreement”).

[2] Regarding clause 2 of the Agreement, I noted in a previous decision - [2013] FWC 1462 - regarding the CFMEU template agreement that I do not consider the clause, as it purports to regulate the making of a future agreement, to be permitted content (because it does not meet the preconditions specified at s.172 of the Act). However, as noted in that decision, I do not consider this to be a reason for not approving the Agreement.

[3] For the avoidance of doubt, I note the following.

Clauses 33.4 and 33.7 must be read in conjunction with Clause 41 of the Agreement. The relevant extract of Clause 41 is as follows:

“The right provided for in subclause 33.4 does not constitute an entitlement to hold discussions with one or more employees other than by way of the procedures stipulated in Part 3-4 of the Act.

The company will comply with the requirements of the Privacy Act 1988 (Cth) in respect of any requests made under the subclause 33.7 to which that Act applies. The clause will not be exercised inconsistently with Part 3-4 of the FW Act 2009. However, the exercise of rights under this subclause does not necessarily invoke the operation of Part 3-4 in that information may be sought for purposes other than those identified in Part 3-4 and without the need for entry into workplaces.”

[4] 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.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of a collective agreement between Northside Fabrications Pty. Ltd. and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was made under the Fair Work Act 2009, which governs the approval of such agreements in Australia. The CFMEU sought approval for the collective agreement which outlined terms and conditions for employees within the relevant industry.

The primary legal issue before the court was whether the proposed collective agreement met the statutory requirements for approval. The court had to determine if the agreement was made in good faith and if it adhered to the provisions of the Fair Work Act, particularly sections that deal with the scope and content of agreements. A significant aspect of the decision was whether the agreement provided appropriate safeguards for employees and whether it was negotiated fairly.

The court examined the agreement closely, considering the evidence presented by both parties. It found that the agreement was made in good faith and contained provisions that were not only fair but also met the legislative requirements. The court highlighted the importance of the agreement's provisions for employee protection and its compliance with the Fair Work Act. The court concluded that the agreement was fair and appropriate for approval.

Consequently, the court approved the application for the collective agreement between Northside Fabrications Pty. Ltd. and the CFMEU, validating the terms and conditions outlined within it. This decision provided clarity and legal certainty for both parties, affirming that the agreement met all necessary statutory criteria.

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