Construction, Forestry, Mining and Energy Union

[2013] FWCA 2724

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1019)

MASONRY WORKS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 6 MAY 2013

Application for approval of the Masonry Works Pty Ltd/CFMEU Collective Agreement 2013-2015 .

[1] An application has been made for approval of an enterprise agreement known as the Masonry Works Pty Ltd/CFMEU Collective Agreement 2013-2015 (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 13 May 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry, Mining and Energy Union (CFMEU) and Masonry Works Pty Ltd. The dispute centres around the approval of a collective agreement for the period 2013-2015. The Fair Work Commission was the court that dealt with this matter. The CFMEU sought approval of the agreement under the Fair Work Act 2009, which requires the Commission to consider various factors, including the impact on the parties involved and the broader industry.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, particularly in terms of its fairness, efficiency, and the protection of employees' rights. The Commission had to assess the balance of the agreement, ensuring it did not unduly favour one party over the other. Additionally, the Commission examined the implications of the agreement on the industry and its potential to foster a cooperative and productive working environment.

The Commission found that the collective agreement was fair and balanced. It considered the interests of both parties and the potential impact on the industry. The Commission was satisfied that the agreement promoted a harmonious workplace and provided adequate protections for employees. It also noted the willingness of both parties to engage in meaningful negotiations and the overall efficiency of the agreement. Consequently, the Commission approved the agreement, recognising its value in fostering a constructive relationship between Masonry Works Pty Ltd and the CFMEU.

No additional orders were made beyond the approval of the collective agreement. The Commission's decision was grounded in its assessment of the agreement's fairness, efficiency, and its positive impact on the industry and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established