Construction, Forestry, Mining and Energy Union

[2013] FWCA 4350

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7291)

CRO FORMWORK (AUST) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 JULY 2013

Application for approval of the Cro Formwork (Aust) Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cro Formwork (Aust) Pty Ltd Ltd/CFMEU Collective 2013-2014 (the Agreement). The application was made by the 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 15 July 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the parties involved were the Construction, Forestry, Mining and Energy Union (CFMEU) and Cro Formwork (Aust) Pty Ltd, and the dispute centred on the approval of their collective agreement for the years 2013-2014. The case was heard in the Fair Work Commission. The CFMEU sought approval of the agreement under the Fair Work Act 2009, while Cro Formwork (Aust) Pty Ltd contested the approval, arguing that certain provisions in the agreement were unreasonable.

The legal issues before the court revolved around the interpretation and application of the Fair Work Act 2009. Specifically, the court had to determine whether the provisions in the collective agreement were consistent with the provisions of the Act, and whether they were fair and reasonable in the circumstances. The court also had to consider whether the agreement met the criteria for approval under section 234 of the Act.

The court found that the provisions in the collective agreement were consistent with the Fair Work Act 2009 and were fair and reasonable in the circumstances. The court also found that the agreement met the criteria for approval under section 234 of the Act. The court noted that the agreement provided for a fair and efficient workplace, and that it took into account the needs and interests of both the employees and the employer. The court concluded that the agreement was in the best interests of the employees and the employer, and approved the collective agreement.

The court's decision provides guidance on the interpretation and application of the Fair Work Act 2009 in relation to collective agreements. The decision also highlights the importance of considering the needs and interests of both parties in the negotiation and approval of collective agreements. The court's approval of the collective agreement in this case is likely to have a positive impact on the working conditions and rights of employees in the construction, forestry, mining and energy industries in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established