Construction, Forestry, Mining and Energy Union

[2013] FWCA 3084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6366)

AUSTRALIAN POST TENSIONING SYSTEMS (ACT) PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 15 MAY 2013

Application for approval of the Australian Post Tensioning Systems (ACT) Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post Tensioning Systems (ACT) Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Post Tensioning Systems (ACT) Pty Ltd and the Construction, Forestry, Mining and Energy Union (ACT) to have their 2013-2016 collective agreement approved under the Fair Work Act 2009. The application was brought before the Fair Work Commission, a federal workplace relations tribunal. The union and the employer sought the Commission's approval of the agreement, which had been negotiated in good faith and contained terms and conditions for the employment of workers in the post-tensioning industry in the Australian Capital Territory.

The primary legal issue the Commission had to resolve was whether the collective agreement met the statutory criteria for approval. These criteria include that the agreement must not allow for terms and conditions of employment that are less favourable than those provided by the relevant modern award and must not undermine the operation of the Fair Work Act. The Commission also had to consider whether the agreement had been made in good faith, was in writing, and had been negotiated by a genuine representative of the employees.

In its decision, the Commission held that the agreement satisfied the requirements for approval. The Commission found that the agreement did not provide for terms and conditions that were less favourable than those provided by the applicable modern award, nor did it undermine the operation of the Fair Work Act. The Commission also found that the agreement had been made in good faith and was properly negotiated by a genuine representative of the employees. The Commission approved the collective agreement, noting that it provided a fair and reasonable outcome for both the employer and the employees.

The Commission made an order approving the Australian Post Tensioning Systems (ACT) Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016, subject to the terms and conditions set out in the agreement. The order was effective from the date of the Commission's decision and would remain in force until the end of the agreement's term, unless terminated earlier in accordance with the agreement's provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established