Construction, Forestry, Mining and Energy Union

[2013] FWCA 3132

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1167)

PERFORMANCE CRANES & RIGGING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 20 MAY 2013

Application for approval of the Performance Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2013 - 2015 .

[1] An application has been made for approval of an enterprise agreement known as the Performance Cranes & Rigging Pty Ltd/CFMEU Collective Agreement 2013-2015 (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.

The Agreement is approved in accordance with s.54 of the Act and will operate from 27 May 2013. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Performance Cranes & Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Collective Agreement 2013 - 2015. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters, as agreed upon between the employer and the union.

The legal issues for the Commission to address included whether the agreement was in the public interest and whether it provided for the appropriate balance between the parties' interests. The Commission needed to ensure that the agreement met the criteria set out in the Fair Work Act 2009 and that it complied with the principles of industrial justice and fairness.

The Commission considered the evidence presented by both parties and examined the terms of the agreement. It found that the agreement was fair and balanced, taking into account the economic and social context of the industry. The Commission also noted that the agreement provided for appropriate mechanisms for resolving disputes and ensured that employees were protected against unfair dismissal. Based on these findings, the Commission approved the agreement, stating that it was in the public interest and met the required legislative criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established