Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4750

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1878)

DJ ADAIR CRANE SERVICES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 18 JULY 2013

Application for approval of the DJ Adair Crane Services Pty Ltd / CFMEU Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the DJ Adair Crane Services Pty Ltd/CFMEU Collective Agreement 2013-2015 (the Agreement). The application was made by the CFMEU pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 25 July 2013. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with DJ Adair Crane Services Pty Ltd for the period 2013-2015. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the necessary standards under the Fair Work Act 2009. The central issue before the Commission was whether the collective agreement contained any provisions that could be deemed unfair within the meaning of the Act. The CFMEU argued that the agreement was fair and in line with the principles of the Act, while other parties contended that certain clauses were overly restrictive or otherwise unfair.

The Commission undertook a thorough examination of the agreement, considering the nature of the industry and the specific terms of the agreement. It assessed the balance of rights and obligations between the parties, the context of the agreement, and the impact of the provisions on employees. The Commission found that, while many of the provisions were fair and reasonable, some clauses did indeed exhibit characteristics that could be considered unfair. These clauses were found to unduly restrict the rights of employees or place excessive burdens on them. The Commission concluded that, despite the overall fairness of the agreement, the presence of these unfair provisions was sufficient to deny the application for approval.

In light of the findings, the Commission decided not to approve the collective agreement as it stood. The CFMEU was given an opportunity to revise the agreement to address the identified issues. The Commission emphasised the importance of ensuring that any collective agreement complies with the standards set out in the Act, particularly in relation to fairness. The decision underscored the need for ongoing vigilance in the review of collective agreements to protect the rights of employees and maintain a fair industrial relations environment.

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