Construction, Forestry, Mining and Energy Union

[2013] FWCA 4343

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1751)

PERFORM SOLUTIONS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 4 JULY 2013

Application for approval of the Perform Solutions Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Perform Solutions Pty 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 11 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 matter, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Perform Solutions Pty Ltd / CFMEU Collective Agreement 2013-2014 before the Fair Work Commission. The agreement sought approval under section 235 of the Fair Work Act 2009, which allows for the approval of agreements that provide for terms and conditions of employment that are more favourable than the relevant minimum standards.

The legal issues before the Commission involved determining whether the terms of the agreement were consistent with the provisions of the Fair Work Act and whether they complied with the statutory requirements for approval. Specifically, the Commission had to consider whether the agreement provided for terms and conditions that were more favourable than the minimum standards, and whether it was made in good faith and without the influence of any improper conduct.

In delivering the decision, the Commission outlined the various provisions of the agreement and compared them to the relevant minimum standards. It found that the agreement provided for terms and conditions that were more favourable than the minimum standards in several respects, including higher wages, improved leave entitlements, and better provisions for redundancy and termination. The Commission also considered the process by which the agreement was made, and found that it was made in good faith and without any improper conduct.

Based on these findings, the Commission approved the agreement under section 235 of the Fair Work Act. The agreement is now registered and will apply to the employees of Perform Solutions Pty Ltd who are covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established