Construction, Forestry, Mining and Energy Union

[2013] FWCA 5007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7615)

BRIGHTON AUSTRALIA (ACT) PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2014

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

Application for approval of the Brighton Australia (ACT) Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Brighton Australia (ACT) Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2014 (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 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Brighton Australia (ACT) Pty Ltd and the Construction, Forestry, Mining and Energy Union (ACT). The Fair Work Commission was the court in which this matter was heard. The agreement, which was proposed for the period 2013-2014, was brought before the Commission for its consideration and endorsement. The Commission's role was to ensure that the agreement met the statutory requirements under the Fair Work Act 2009, including provisions for minimum terms and conditions of employment.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act and whether it met the requirements for a certified agreement. This involved examining the agreement's provisions to ensure they did not unfairly disadvantage employees and that they were in line with the legislative framework. Additionally, the Commission needed to consider whether the agreement appropriately balanced the rights and interests of both the employer and the employees.

In reaching its decision, the Commission conducted a thorough review of the proposed agreement, taking into account the submissions and arguments presented by both parties. The Commission found that the agreement generally adhered to the statutory provisions and did not contain any terms that were contrary to the public interest or unfair to employees. The Commission concluded that the agreement was in the best interest of the employees and approved it, subject to the conditions and requirements outlined in the Fair Work Act. The Commission's approval was a formal endorsement of the agreement, ensuring that it would be legally binding and enforceable between the parties.

The Commission's final order was to approve the Brighton Australia (ACT) Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2014, with the conditions that the agreement be implemented as per the Fair Work Act. This decision ensured that the agreement would provide a fair and balanced framework for the employment relationship between the employer and 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