Construction, Forestry, Mining and Energy Union

[2013] FWCA 2315

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/879)

FAVETTI BRICKLAYING PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 APRIL 2013

Application for approval of the Favetti Bricklaying Pty Limited/CFMEU Collective Agreement 2013-2015 .

[1] An application has been made for approval of an enterprise agreement known as the Favetti Bricklaying Pty Limited/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 26 April 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

In the matter of the Construction, Forestry, Mining and Energy Union, the Full Bench of the Fair Work Commission was tasked with deciding whether to approve the Favetti Bricklaying Pty Limited/CFMEU Collective Agreement 2013-2015. This decision arose from an application by the union to have the agreement approved, as it had been negotiated in good faith and was intended to cover the employment of bricklayers within the Favetti Group of Companies.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was negotiated in good faith, whether it contained appropriate terms and conditions, and whether it was in the best interests of the employees covered by the agreement. The Commission also needed to consider whether the agreement adequately protected employees' rights and interests.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the relevant provisions of the Fair Work Act. The Commission found that the agreement had been negotiated in good faith and contained appropriate terms and conditions that were in the best interests of the employees covered by the agreement. The Commission also found that the agreement adequately protected employees' rights and interests, including by providing for reasonable working hours, adequate rates of pay, and appropriate conditions of employment. Accordingly, the Commission approved the Favetti Bricklaying Pty Limited/CFMEU Collective Agreement 2013-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established