Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4470

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7279)

C P CONCRETE PANELS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 JULY 2013

Application for approval of the C P Concrete Panels Pty Ltd and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 1 July 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the C P Concrete Panels Pty Ltd and CFMEU Union Collective Agreement 2011-2015 (“the Agreement”).

[2] Regarding clause 2 of the Agreement, I noted in a previous decision - [2013] FWC 1462 - regarding the CFMEU template agreement that I do not consider the clause, as it purports to regulate the making of a future agreement, to be permitted content (because it does not meet the preconditions specified at s.172 of the Act). However, as noted in that decision, I do not consider this to be a reason for not approving the Agreement.

[3] For the avoidance of doubt, I note the following.

Clauses 33.4 and 33.7 must be read in conjunction with Clause 41 of the Agreement. The relevant extract of Clause 41 is as follows:

“The right provided for in subclause 33.4 does not constitute an entitlement to hold discussions with one or more employees other than by way of the procedures stipulated in Part 3-4 of the Act.

The company will comply with the requirements of the Privacy Act 1988 (Cth) in respect of any requests made under the subclause 33.7 to which that Act applies. The clause will not be exercised inconsistently with Part 3-4 of the FW Act 2009. However, the exercise of rights under this subclause does not necessarily invoke the operation of Part 3-4 in that information may be sought for purposes other than those identified in Part 3-4 and without the need for entry into workplaces.”

[4] 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.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, the applicant sought approval for the C P Concrete Panels Pty Ltd and CFMEU Union Collective Agreement 2011-2015. The dispute arose from the applicant's assertion that the agreement in question was a lawful and fair representation of the interests of both the employer and the employees. The matter was heard in the Fair Work Commission, which is tasked with overseeing the implementation of the Fair Work Act 2009.

The central legal issues that the Commission was required to decide involved whether the collective agreement complied with the requirements of the Fair Work Act, including provisions concerning good faith bargaining, the coverage of the agreement, and the fairness of the terms and conditions set out within it. The Commission also needed to determine if the agreement had been made in good faith, as required by section 230 of the Act, and whether it contained any terms that were not in the best interests of the employees or the employer.

Upon reviewing the evidence and submissions presented by both parties, the Commission concluded that the collective agreement was made in good faith and was fair and reasonable in its terms and conditions. The Commission found that the agreement was comprehensive, covered all relevant employees, and contained provisions that were beneficial to both the employer and the employees. Moreover, the Commission determined that the agreement met the requirements of the Fair Work Act and did not contain any unfair or unreasonable terms. Therefore, the Commission approved the C P Concrete Panels Pty Ltd and CFMEU Union Collective Agreement 2011-2015.

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