Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2818

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5022)

RAPID FORMWORK CONSTRUCTION PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2012-2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 8 MAY 2013

Application for approval of the Rapid Formwork Construction Pty Ltd / CFMEU Collective Agreement (ACT) 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Formwork Construction Pty Ltd / CFMEU Collective Agreement (ACT) 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[1] The Commission wrote to the Applicant, being the Construction, Forestry, Mining and Energy Union (CFMEU), who is also a bargaining representative for the Agreement with respect to clause 21 - Hours of work, of the Agreement as the ordinary span of hours did not appear to be stated in the Agreement. The Applicant advised the Commission that the ordinary span of hours are to be those as per the Building and Construction General On-site Award 2010 (the Award), being 7:00am to 6:00pm.

[2] In subclause 21.7 of the Agreement the Commission noted‘work is prohibited on the following public holidays’ and requested the Applicant provide correspondence outlining how this subclause does not contravene s.114 of the Act, that an employer may request an employee to work on a public holiday if the request is reasonable. The Applicant advised the Commission that clause 21 does not operate as a blanket prohibition on working public holidays nor does it inhibit the employer from requesting that such days be worked.

[3] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[4] The CFMEU, 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). I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 15 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for a proposed collective agreement with Rapid Formwork Construction Pty Ltd. The agreement, covering the period from 2012 to 2016, was intended to establish the terms and conditions of employment for the company's workers. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement complied with the statutory requirements for approval. These included ensuring that the agreement did not include terms that would undermine the protection of employees' rights or create an unfair workplace environment. Additionally, the Commission had to assess whether the agreement was genuinely negotiated and whether it included adequate provisions for the resolution of disputes. The Commission also considered whether the agreement aligned with the principles of enterprise bargaining and promoted harmonious workplace relations.

After thorough examination, the Commission determined that the proposed agreement met all the necessary legal criteria for approval. The agreement was found to be genuinely negotiated, provided adequate protections for employees, and included mechanisms for resolving disputes. The terms of the agreement were deemed to be consistent with the principles of enterprise bargaining and did not undermine the rights of employees. Consequently, the Commission approved the collective agreement, ensuring that it would provide a fair and effective framework for the employment relationship between the union and the company.

The final orders included the approval of the Rapid Formwork Construction Pty Ltd / CFMEU Collective Agreement (ACT) 2012-2016, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to adhere to its terms. The decision provided clarity and certainty for both the union and the company, ensuring that the agreement would govern the employment relationship in a manner that was fair and compliant with the relevant legislative framework.

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