Construction, Forestry, Mining and Energy Union

[2013] FWCA 3480

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1262)

COASTWIDE SITE SERVICES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 3 JUNE 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Coastwide Site 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 10 June 2014. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for a collective agreement with Coastwide Site Services Pty Ltd for the period 2013-2014. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The central legal issue was whether the agreement complied with the requirements for good faith bargaining and whether it contained terms that were contrary to public policy or contrary to the principles of the safety net.

The Fair Work Commission found that the agreement was the result of genuine and good faith bargaining between the parties. The Commission examined the terms of the agreement to ensure they did not undermine the safety net of minimum entitlements and did not contain terms that were contrary to public policy. The Commission concluded that the agreement was made in good faith and did not contravene any statutory provisions. The Commission further found that the terms of the agreement were not inconsistent with the objectives of the Fair Work Act, which includes the promotion of economic prosperity and social inclusion through the maintenance and improvement of labour standards.

In light of the findings, the Fair Work Commission approved the collective agreement. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties, while also upholding the principles of the safety net and good faith bargaining. The approval of the agreement ensures that the parties can proceed with the terms negotiated, providing a framework for their industrial relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established