Construction, Forestry, Mining and Energy Union

[2013] FWCA 3451

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/579)

2BK PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the 2BK 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 12 March 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the 2BK Pty Ltd and CFMEU Union Collective Agreement 2011-2015 (“the Agreement”).

[2] I wrote to the Applicant expressing my concern regarding a clause of the Agreement purporting to apply to and to cover employers other than the employer who provided a form F17 Employer’s Declaration. This matter raised concerns with regard to the operation of s. 172(2), s.172(5) and s.186(3) of the Fair Work Act 2009.

[3] Statutory declarations have subsequently been provided setting out steps taken to amend the Agreement. The statutory declarations satisfy me the agreement has been amended in conformity with the requirements of the Act.

[4] 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.

[5] 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and 2BK Pty Ltd, with the matter before the Fair Work Commission (FWC). The dispute centred on the approval of a collective agreement between the parties for the period 2011-2015. The CFMEU sought approval of the agreement under section 234 of the Fair Work Act 2009, arguing it met the criteria for an enterprise agreement.

The legal issues before the FWC included whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the good faith bargaining requirement, and whether it was in the best interests of the employees. The CFMEU argued that the agreement was the product of good faith bargaining and was fair and reasonable. Conversely, 2BK Pty Ltd contended that the agreement did not meet the statutory requirements and was not in the best interests of its employees.

The FWC assessed the evidence and submissions from both parties and concluded that the agreement was the result of good faith bargaining and was fair and reasonable. The Commission found that the agreement contained provisions that were beneficial to the employees, such as improved wages, leave entitlements, and working conditions. The FWC also determined that the agreement was in the best interests of the employees, taking into account the economic climate and the bargaining positions of both parties.

The FWC approved the 2BK Pty Ltd and CFMEU Union Collective Agreement 2011-2015, making it a registered agreement under the Fair Work Act. The decision highlighted the importance of good faith bargaining and the need for collective agreements to be fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established