Construction, Forestry, Mining and Energy Union

[2013] FWCA 2577

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6120)

ROVERA SCAFFOLDING (QLD) PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 APRIL 2013

Application for approval of the Rovera Scaffolding (QLD) Pty Limited and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 April 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”), for the approval of a single-enterprise agreement known as the Rovera Scaffolding (QLD) Pty Limited and CFMEU Union Collective Agreement 2011-2015 (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] Regarding clause 2 of the Agreement, I noted in a previous decision - [2013] FWC 1462 - regarding the CFMEU template agreement that I do not consider the clause, as it purports to regulate the making of a future agreement, to be permitted content (because it does not meet the preconditions specified at s.172 of the Act). However, as noted in that decision, I do not consider this to be a reason for not approving the Agreement.

[4] For the avoidance of doubt, I note the following.

Clauses 33.4 and 33.7 must be read in conjunction with Clause 39 of the Agreement. The relevant extract of Clause 39 is as follows:

“The right provided for in subclause 33.4 does not constitute an entitlement to hold discussions with one or more employees other than by way of the procedures stipulated in Part 3-4 of the Act.

The company will comply with the requirements of the Privacy Act 1988 (Cth) in respect of any requests made under the subclause 33.7 to which that Act applies. The clause will not be exercised inconsistently with Part 3-4 of the FW Act 2009. However, the exercise of rights under this subclause does not necessarily invoke the operation of Part 3-4 in that information may be sought for purposes other than those identified in Part 3-4 and without the need for entry into workplaces.”

[1] 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.

[2] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of a collective agreement between Rovera Scaffolding (QLD) Pty Limited and the Construction, Forestry, Mining and Energy Union for the period 2011 to 2015. The applicant, Rovera Scaffolding, sought the Commission's approval of the agreement, while the respondent, the CFMEU, did not oppose the application. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements set out in the Fair Work Act, including provisions related to good faith bargaining, the scope of the agreement, and the avoidance of unnecessary complexity. The Commission also considered whether the agreement provided for a fair and reasonable outcome for both parties, including the protection of employees' rights and interests.

In examining the agreement, the Commission noted that it was the result of good faith negotiations between the parties and covered a wide range of employment terms and conditions. The agreement was found to be comprehensive, covering all aspects of employment from wages and hours of work to dispute resolution procedures. The Commission determined that the agreement provided for a fair and reasonable outcome for both parties, with provisions that protected employees' rights and interests while also meeting the needs of the employer. The Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Rovera Scaffolding (QLD) Pty Limited and CFMEU Union Collective Agreement 2011-2015, finding that it complied with the statutory requirements set out in the Fair Work Act and provided for a fair and reasonable outcome for both parties. The Commission's decision provides guidance for employers and unions when negotiating and finalising collective agreements, ensuring that they meet the necessary legal standards and provide for the protection of employees' rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established