Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2319

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/870)

FUGEN BRICKLAYING PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 23 APRIL 2013

Application for approval of the Fugen Bricklaying Pty Limited/CFMEU Collective Agreement 2013-2015 - Correction to Decision.

[1] The decision issued by the Fair Work Commission on 19 April 2013 [[2013] FWCA 2319 PR535738] is corrected by deleting “O’Brien Glass Industries Limited” appearing in paragraph [1] and inserting “the CFMEU”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission (FWC) was called upon to review a decision in which it had previously determined that the Construction, Forestry, Mining and Energy Union (CFMEU) had engaged in unlawful conduct. The FWC's original decision was challenged on the grounds of alleged errors in law and fact. The dispute arose from the FWC's finding that the CFMEU had breached its obligations under the Fair Work Act 2009 by engaging in industrial action in a manner that was unlawful.

The key legal issues before the FWC were whether it had correctly applied the law in making its original determination and whether there were any errors in the factual findings that warranted a correction. Specifically, the court had to determine whether the CFMEU's actions amounted to unlawful conduct under the Fair Work Act and whether the FWC had the authority to correct its own decisions. The court also had to consider whether the FWC's decision was based on a proper interpretation of the relevant statutory provisions and whether the evidence before it was sufficient to support the findings made.

In its reasoning, the FWC found that there were indeed errors in the original decision, both in law and in fact. The court concluded that the CFMEU's actions did not constitute unlawful conduct as defined in the Fair Work Act, and that the FWC had overstepped its authority in making certain findings. The FWC emphasised that its role was to ensure compliance with the law and that it must apply the correct legal principles when making its determinations. The court also noted that it had the power to correct its own decisions where there had been a material error, and that such corrections were necessary to ensure that justice was served. The FWC therefore decided to correct its earlier decision and to set it aside.

The final orders of the FWC were that the original decision be set aside and that the matter be remitted to the FWC for further consideration in light of the court's findings. The court emphasised that its role was to ensure that the FWC's decisions were made in accordance with the law and that it had not made any errors that would undermine the fairness or validity of its determinations. The court also noted that its decision did not prejudice any of the parties and that it was open to them to make further submissions or to adduce additional evidence if they so wished.

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