Construction, Forestry, Mining and Energy Union

[2013] FWCA 4315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7084)

ZWF ACT PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 2 JULY 2013

Application for approval of the ZWF ACT Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ZWF ACT Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied for approval of a collective agreement with ZWF ACT Pty Ltd, which was contested by the employer. The dispute was heard by the Fair Work Commission, an Australian labour law tribunal. The central legal issue was whether the agreement complied with the Fair Work Act 2009, specifically whether it met the requirements for approval under section 233 of the Act. The Commission had to determine if the agreement was in the public interest and whether it provided for the fair and equitable treatment of employees.

In reaching its decision, the Commission examined the nature and content of the agreement, including the terms relating to wages, hours of work, and other employment conditions. The Commission also considered whether the agreement facilitated productivity and economic efficiency. It was noted that the agreement included provisions for dispute resolution and the protection of employee rights, which were central to the assessment. The Commission found that the agreement did indeed meet the statutory requirements and was in the public interest. It facilitated fair and equitable treatment of employees and supported economic efficiency.

The Fair Work Commission approved the collective agreement, finding it to be consistent with the Fair Work Act. The decision underscored the importance of balancing the interests of employers and employees in collective agreements. The approved agreement was deemed to promote productivity and economic efficiency while ensuring fair treatment of employees. The Commission's decision provided clarity on the standards for approving collective agreements under Australian labour law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established