Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2795

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1032)

FOXVILLE PROJECTS GROUP (NSW) PTY LTD - CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY,7 MAY 2013

Application for approval of the Foxville Projects Group (NSW) Pty Ltd--CFMEU Collective Agreement 2012- 2014 .

[1] An application has been made for approval of an enterprise agreement known as the Foxville Projects Group (NSW) Pty Ltd - CFMEU Collective Agreement 2012-2014 (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 14 May 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of a collective agreement between the Foxville Projects Group (NSW) Pty Ltd and the CFMEU. The matter was heard in the Fair Work Commission. The CFMEU sought approval of a collective agreement that would cover the period from 2012 to 2014, and would govern the terms and conditions of employment for workers employed by Foxville Projects Group. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including whether it had been negotiated in good faith and whether it provided for minimum entitlements for employees. The Commission found that the agreement had been negotiated in good faith and met the requirements of the Act. The Commission also found that the agreement provided for minimum entitlements for employees, including provisions for minimum wages, penalties for breaches of the agreement, and dispute resolution mechanisms. The Commission approved the collective agreement, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the penalty rates for certain employees, and clarification of the dispute resolution process. The CFMEU and Foxville Projects Group were directed to implement the approved agreement, subject to the modifications. The court found in favour of the CFMEU and approved the collective agreement with modifications.

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