Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3744

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1404)

ORIEL BUILDING SERVICES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 14 JUNE 2013

Application for approval of the Oriel Building Services Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Oriel Building Services Pty Ltd/CFMEU Collective Agreement 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 21 June 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Oriel Building Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2013-2014. The application was heard by the Fair Work Commission (FWC). The primary dispute centred on whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the terms concerning the classification and wages of employees within the building and construction industry.

The legal issues the FWC had to address were whether the agreement was a bona fide agreement made in good faith, and whether it contained terms that were necessary to prevent, mitigate, or remedy an unfair outcome. Additionally, the FWC needed to determine if the agreement provided for a fair and efficient workplace and if it adhered to the statutory framework governing industrial relations.

The FWC found that the agreement was made in good faith and included necessary terms to prevent unfair outcomes. The commission was satisfied that the agreement provided for a fair and efficient workplace. It was determined that the proposed terms regarding classification and wages were reasonable and necessary to achieve a fair outcome for the employees. The FWC ultimately approved the collective agreement, recognising that it met the statutory requirements under the Fair Work Act.

No additional final orders were made beyond the approval of the collective agreement. The FWC's decision provided clarity on the application of the Fair Work Act to collective agreements in the building and construction industry, affirming the importance of good faith negotiations and fair terms in industrial relations.

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