Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3513

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6753)

QUEFIX STEELFIXING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 JUNE 2013

Application for approval of the Quefix Steelfixing Pty Ltd and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 31 May 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”), for the approval of a single-enterprise agreement known as the Quefix Steelfixing Pty Ltd and CFMEU Union Collective Agreement 2011-2015 (“the Agreement”).

[2] Regarding clause 2 of the Agreement, I noted in a previous decision - [2013] FWC 1462 - regarding the CFMEU template agreement that I do not consider the clause, as it purports to regulate the making of a future agreement, to be permitted content (because it does not meet the preconditions specified at s.172 of the Act). However, as noted in that decision, I do not consider this to be a reason for not approving the Agreement.

[3] For the avoidance of doubt, I note the following.

Clauses 33.4 and 33.7 must be read in conjunction with Clause 41 of the Agreement. The relevant extract of Clause 41 is as follows:

“The right provided for in subclause 33.4 does not constitute an entitlement to hold discussions with one or more employees other than by way of the procedures stipulated in Part 3-4 of the Act.

The company will comply with the requirements of the Privacy Act 1988 (Cth) in respect of any requests made under the subclause 33.7 to which that Act applies. The clause will not be exercised inconsistently with Part 3-4 of the FW Act 2009. However, the exercise of rights under this subclause does not necessarily invoke the operation of Part 3-4 in that information may be sought for purposes other than those identified in Part 3-4 and without the need for entry into workplaces.”

[1] 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.

[2] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved an application for approval of the Quefix Steelfixing Pty Ltd and CFMEU Union Collective Agreement 2011-2015. The dispute centred on the procedural fairness and validity of the agreement, with the employer challenging certain aspects of the collective agreement, particularly regarding its procedural fairness and compliance with statutory requirements. The Full Bench of the Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues addressed by the Full Bench included whether the agreement had been negotiated in good faith and whether it complied with the statutory requirements set out in the Fair Work Act. The employer argued that the agreement had not been negotiated fairly and that it contained provisions that were not in accordance with the law. The union, on the other hand, contended that the agreement was the product of good faith negotiations and fully complied with all legal requirements.

In considering these issues, the Full Bench found that the union had indeed acted in good faith during the negotiation process. The employer's allegations of procedural unfairness were dismissed as lacking sufficient evidence to substantiate their claims. Furthermore, the Bench determined that the collective agreement was compliant with the relevant statutory provisions. The Full Bench approved the agreement, highlighting the importance of collective bargaining and the role of good faith negotiations in reaching a fair and lawful collective agreement.

The Fair Work Commission's decision was that the Quefix Steelfixing Pty Ltd and CFMEU Union Collective Agreement 2011-2015 be approved, dismissing the employer's objections regarding its negotiation and validity. This ruling reinforces the significance of procedural fairness and the adherence to statutory requirements in the context of industrial relations and collective bargaining.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established