Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3512

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6752)

QUEFIX CONSTRUCTIONS 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 Constructions 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 Constructions 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 matter before the court involved an application for approval of a collective agreement between Quefix Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose from the negotiation and subsequent application of a collective agreement for the period 2011 to 2015. The application was heard in the Fair Work Commission (FWC), the body responsible for regulating workplace relations in Australia.

The central legal issue before the FWC was whether the collective agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it adhered to the provisions of the Act. Additionally, the FWC had to consider whether the agreement was appropriate for the bargaining process and whether it was in the best interests of the employees and employers involved.

The FWC carefully reviewed the collective agreement and found that it was indeed made in good faith and in compliance with the Fair Work Act. The agreement was deemed to be appropriate for the bargaining process and was found to be in the best interests of both the employees and employers. The FWC noted that the agreement addressed various issues, including wages, working conditions, and dispute resolution mechanisms, and that it provided a fair and balanced outcome for all parties involved. Consequently, the FWC approved the collective agreement, finding that it met all the necessary criteria.

As a result of the FWC's decision, the Quefix Constructions Pty Ltd and CFMEU Union Collective Agreement 2011-2015 was approved, and the parties were bound by its terms. This outcome ensured that the agreement would be implemented and enforced, providing a stable and regulated working environment for the employees and employers involved.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

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Background to the litigation

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