Construction, Forestry, Mining and Energy Union

[2013] FWCA 3163

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6453)

PICKWICK GROUP PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 MAY 2013

Application for approval of the Pickwick Group 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 14 May 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”), for the approval of a single-enterprise agreement known as the Pickwick Group 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 involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the Pickwick Group Pty Ltd and CFMEU Union Collective Agreement 2011-2015. The application was made under the Fair Work Act 2009, which mandates the registration and approval of certain collective agreements to ensure they comply with the Act's objectives and principles. The matter was heard by the Fair Work Commission, which is the body responsible for making such approvals.

The legal issues before the Commission were whether the collective agreement met the requirements of the Fair Work Act, particularly in terms of its conformity with the Act's objectives of promoting high levels of economic performance, full employment, and high and stable wages and conditions. The Commission also had to determine if the agreement was free from any prohibited content and whether it was made in good faith and without coercion.

The Fair Work Commission found that the collective agreement was generally consistent with the objectives and principles of the Fair Work Act. The agreement was deemed to be made in good faith and without coercion, and it contained no prohibited content. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, leave, and dispute resolution. The Commission approved the collective agreement, finding it to be fair and reasonable in all respects. The approval ensures that the agreement will be legally binding on the parties involved and will provide a framework for the employment relationship between the Pickwick Group Pty Ltd and the CFMEU for the specified period.

The Commission's decision was made under section 231 of the Fair Work Act, which provides for the registration and approval of certain collective agreements. The approval of the agreement was made subject to any necessary modifications to ensure full compliance with the Act. The CFMEU and the Pickwick Group Pty Ltd were notified of the Commission's decision and the approval of the collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established