Construction, Forestry, Mining and Energy Union

[2013] FWCA 5010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7622)

TERRITORY SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 24 JULY 2013

Application for approval of the Territory Scaffolding Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Territory Scaffolding Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the 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 31 July 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Territory Scaffolding Pty Ltd and the Construction, Forestry, Mining and Energy Union (ACT) for the period 2013 to 2016. The applicant, Territory Scaffolding Pty Ltd, sought approval of the collective agreement, while the respondent, the Construction, Forestry, Mining and Energy Union (ACT), contested certain aspects of the agreement. The Fair Work Commission was tasked with examining the agreement and deciding whether it should be approved.

The legal issues before the commission included whether the collective agreement met the requirements of the Fair Work Act 2009 and whether it complied with the provisions for good faith bargaining and the protection of employees' rights. The commission had to consider if the agreement was fair and reasonable, and whether it provided adequate protections for employees while balancing the interests of employers.

In reaching its decision, the commission found that the collective agreement was generally fair and reasonable. It considered the terms of the agreement, the bargaining process, and the provisions for employee protections. The commission noted that while there were some areas of contention, the overall agreement was in line with the principles of the Fair Work Act and provided a balanced outcome for both parties. The commission approved the agreement subject to certain modifications to address the concerns raised by the respondent.

The commission's final orders included the approval of the collective agreement with specified modifications, ensuring that it complied with the Fair Work Act and provided adequate protections for employees. The agreement was to be binding on the parties for the specified period, with the modifications ensuring a fair outcome for all involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established