Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3933

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1504)

GREEN FORMWORK PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 20 JUNE 2013

Application for approval of the Green Formwork Pty Ltd/CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Green Formwork 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 27 June 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with Green Formwork Pty Ltd for the period 2013-2014. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while Green Formwork Pty Ltd contended that certain provisions were unfair and should not be approved.

The primary legal issue before the FWC was whether the collective agreement contained provisions that were unfair within the meaning of section 235 of the Fair Work Act. The FWC considered whether specific clauses related to wages, conditions of employment, and dispute resolution were fair and reasonable. The CFMEU asserted that the provisions were necessary to ensure fair treatment and adequate protections for employees, while Green Formwork Pty Ltd argued that some provisions went beyond what was necessary and reasonable for a small business. The FWC had to balance the rights and interests of both parties under the Act.

The FWC determined that while some provisions were necessary to ensure fair treatment and protections, others were indeed unfair as they imposed undue burdens on Green Formwork Pty Ltd. The FWC found that certain clauses regarding wages and conditions were fair and reasonable, but those related to dispute resolution mechanisms were excessive for a small enterprise. Consequently, the FWC approved the agreement with modifications to the dispute resolution provisions, ensuring they were fair and proportionate. The FWC's decision aimed to uphold the principles of fairness and reasonableness while considering the specific circumstances of the small business involved.

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