Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4459

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1778)

NASS EXCAVATIONS (AUSTRALIA) PTY LTD ATF NEA TRUST/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 11 JULY 2013

Application for approval of the Nass Excavations (Australia) Pty Ltd ATF NEA Trust / CFMEU Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Nass Excavations (Australia) Pty Ltd ATF NEW Trust/CFMEU Collective Agreement 2013-2015 (the Agreement). The application was made by Construction, Forestry, Mining and Energy Union 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 18 July 2013. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case are Nass Excavations (Australia) Pty Ltd, represented by the NEA Trust, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centres on the approval of a collective agreement between the two parties, specifically the Nass Excavations (Australia) Pty Ltd ATF NEA Trust / CFMEU Collective Agreement 2013 - 2015. The case was heard by the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issue before the Court was whether the proposed collective agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine bargain between the parties and if it was in the interests of the employees. The CFMEU argued that the agreement did not adequately protect the rights and interests of the employees, while Nass Excavations contended that the agreement was a fair and reasonable outcome for both parties.

In delivering its decision, the Commission carefully considered the evidence and submissions from both parties. The Court found that the agreement was a genuine bargain and that it was in the interests of the employees. The Commission noted that the agreement contained provisions that protected the rights and interests of the employees, such as provisions relating to wages, hours of work, and conditions of employment. The Court also found that the agreement was a reasonable outcome for both parties, given the specific circumstances of the case. Based on these findings, the Court approved the proposed collective agreement.

The Fair Work Commission approved the Nass Excavations (Australia) Pty Ltd ATF NEA Trust / CFMEU Collective Agreement 2013 - 2015, finding that it was a genuine bargain and in the interests of the employees. The Court's decision provides guidance to employers and unions on the requirements for approving collective agreements under the Fair Work Act 2009.

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