Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6025)

BOSS ACT PTY LTD / CFMEU GREENFIELDS AGREEMENT (ACT) 2013-2016

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

Application for approval of the Boss ACT Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Boss ACT Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016 (the Agreement).

[2] The Agreement was made by the employer, Boss ACT Pty Ltd, and the Construction, Forestry, Mining and Energy Union (the Union).

[3] I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] 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 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Boss ACT Pty Ltd, with the dispute concerning the approval of a specific enterprise agreement. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The CFMEU sought approval of the Boss ACT Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016, which aimed to regulate employment terms and conditions for workers employed by Boss ACT Pty Ltd. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it contained terms that were not contrary to public policy or contrary to the principles of the safety net.

The Commission considered the evidence presented by both parties and examined the provisions of the agreement. In its decision, the Commission noted that the agreement had been negotiated in good faith and that the terms were not contrary to public policy or the safety net principles. The Commission found that the agreement was fair and reasonable, taking into account the interests of both employers and employees. The Commission also found that the agreement contained appropriate mechanisms for the resolution of disputes and provided for the protection of employees' rights. Consequently, the Commission approved the Boss ACT Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016, recognising it as a valid and enforceable enterprise agreement.

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