Construction, Forestry, Mining and Energy Union

[2013] FWCA 3662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6757)

HINDMARSH CONSTRUCTION AUSTRALIA PTY LTD - ACT UNION COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 6 JUNE 2013

Application for approval of the Hindmarsh Construction Australia Pty Ltd - ACT Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Construction Australia Pty Ltd - ACT Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which clarifies the intended operation of Clause 13 in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking provided, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2013. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Hindmarsh Construction Australia Pty Ltd - ACT Union Collective Agreement 2013. The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought to have the agreement approved under the Fair Work Act 2009. The respondent, Hindmarsh Construction Australia Pty Ltd, did not oppose the application. The nature of the dispute centred around whether the terms of the collective agreement complied with the statutory requirements for approval.

The central legal issue was whether the collective agreement met the criteria for approval as stipulated in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the appropriate mechanisms to resolve workplace disputes, if it included terms that were not contrary to public policy, and whether it was made in good faith. Given that the respondent did not oppose the application, the primary focus was on the content and compliance of the agreement with the legislative requirements.

The Commission found that the agreement contained provisions that were consistent with the statutory criteria for approval. It included mechanisms for resolving workplace disputes, and the terms did not contravene any public policy considerations. The Commission was satisfied that the agreement was made in good faith and did not contain any provisions that were unfair or otherwise problematic. Therefore, the application for approval was granted. The decision underscored the importance of ensuring that collective agreements adhere to the legislative framework designed to protect both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established