Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4915

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1748)

HPS (NSW) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2013

Application for approval of the HPS (NSW) Pty Ltd/CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe HPS (NSW) Pty Ltd/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Applicant). 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 relevant to this application for approval have been met.

[3] The Construction, Forestry, mining and Energy Union NSW Construction and General Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. 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) sought approval for a collective agreement with HPS (NSW) Pty Ltd under the Fair Work Act 2009. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for registration and approval. The legal issues before the FWC centred on whether the agreement complied with the legislative requirements for enterprise agreements, specifically whether it adhered to the provisions of the Fair Work Act, including the ‘better off overall test’ and whether it contained any unfair content.

The FWC carefully examined the agreement's provisions, ensuring it did not include any matters that were prohibited by law or were outside the scope of an enterprise agreement. The Commission also assessed whether the agreement met the ‘better off overall test’, which requires that the agreement should not disadvantage employees compared to their previous conditions of employment. The FWC found that the agreement satisfied all legislative requirements, including the ‘better off overall test’, and did not contain any unfair content. Consequently, the FWC approved the agreement for registration.

The FWC's decision was grounded in a thorough analysis of the agreement's provisions and its compliance with the Fair Work Act. The FWC concluded that the agreement was fair and met all necessary criteria for registration. As such, the FWC approved the HPS (NSW) Pty Ltd/CFMEU Collective Agreement 2013-2014 for registration, enabling it to come into effect and govern the employment conditions of the relevant employees.

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