Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2863

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1031)

OPEN TILING SERVICES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2012-2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 9 MAY 2013

Application for approval of the Open Tiling Services Pty Ltd / CFMEU Collective Agreement 2012 - 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Open Tiling Services Pty Ltd/CFMEU Collective Agreement 23012-2013 (the Agreement). The application was made by the CFMEU 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 16 May 2013. The nominal expiry date of the Agreement is 30 December 2013.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Open Tiling Services Pty Ltd and the Construction, Forestry, Mining and Energy Union for the approval of a collective agreement for the period 2012 to 2013. The central dispute concerned whether the agreement complied with the relevant industrial relations laws and if it was in the best interests of the employees. The case was heard by the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issues the Commission had to address were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable in terms of the treatment of employees. Specifically, the Commission needed to determine if the agreement appropriately balanced the rights and interests of both the employer and the employees, and if it adhered to the principles of good faith bargaining and procedural fairness.

In its decision, the Commission examined the content of the agreement clause by clause, assessing whether each provision complied with the relevant legislative framework. It found that while the agreement contained several provisions that were in line with the law, some clauses did not meet the statutory requirements. The Commission focused on the procedural fairness, ensuring that both parties had genuinely bargained over the terms and that the process had been transparent. Ultimately, the Commission determined that the agreement, with some modifications, met the necessary legal standards and was fair and reasonable for the employees.

The Fair Work Commission approved the collective agreement subject to certain modifications, ensuring compliance with the Fair Work Act 2009. The modifications primarily involved clarifying certain clauses to align them with the statutory requirements and ensuring they were fair and reasonable. The final orders mandated that the employer and the union implement the approved agreement, reflecting the Commission's determinations on the necessary amendments.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established