Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5972)

NEW BREED CONSTRUCTIONS PTY LTD/CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 29 APRIL 2013

Application for approval of the New Breed Constructions Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the New Breed Constructions Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2016. 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 6 May 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between New Breed Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement, titled the New Breed Constructions Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2016, was brought to the Commission under section 234 of the Fair Work Act 2009. The application for approval was made by the union, and the employer neither supported nor opposed the application. The Commission was tasked with determining whether the agreement met the necessary criteria for approval as stipulated in the legislation.

The legal issues before the Commission centred on whether the collective agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the agreement had to be made in good faith and follow proper consultation processes. Substantively, the terms of the agreement had to comply with the provisions of the Act, including ensuring that they did not undermine the protective provisions of the National Employment Standards and did not discriminate against employees. The Commission had to ensure that the agreement did not permit terms that were less favourable than the applicable awards or the National Employment Standards.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and that the consultation processes were appropriately followed. It also determined that the terms of the agreement did not undermine the protective provisions of the National Employment Standards and did not contain any discriminatory provisions. Therefore, the Commission approved the agreement, confirming its compliance with the Fair Work Act.

The Fair Work Commission approved the New Breed Constructions Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2016, effective from 1 January 2013 to 31 December 2016. The decision was made under section 234 of the Fair Work Act 2009, confirming that the agreement met all procedural and substantive requirements.

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