Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5847)

CHRISTIES PEOPLE (ACT) PTY LTD/ CFMEU COLLECTIVE AGREEMENT (ACT) 2012-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 10 APRIL 2013

Application for approval of the Christies People (ACT) Pty Ltd/ CFMEU Collective Agreement (ACT) 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Christies People (ACT) Pty Ltd/ CFMEU Collective Agreement (ACT) 2012-2016. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the 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 17 April 2013. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Christies People (ACT) Pty Ltd/ CFMEU Collective Agreement (ACT) 2012-2016, the Fair Work Commission was asked to consider whether the proposed agreement met the requirements of the Fair Work Act 2009. The applicants, Christies People (ACT) Pty Ltd and the Construction, Forestry, Mining and Energy Union (ACT Branch), sought approval of a new collective agreement for the period of 2012-2016. The dispute arose due to disagreements between the union and the employer regarding certain terms and conditions of employment within the agreement.

The central legal issue before the Commission was whether the proposed collective agreement complied with the provisions of the Fair Work Act, specifically in relation to the terms addressing employee entitlements, wages, and dispute resolution mechanisms. The Commission had to determine if the agreement was "better off overall" for the employees, as required by the Act. Additionally, the Commission needed to assess if the agreement contained any unlawful provisions, such as those that would have the effect of undermining the rights of employees or facilitating unlawful activities.

The Commission found that the proposed agreement did not meet the statutory requirement of being "better off overall" for employees. The Commission was particularly concerned with the provisions relating to wages and conditions, which did not provide sufficient protections for employees in comparison to the existing award. Furthermore, the Commission found that the agreement included terms that were unlawful, as they potentially undermined the rights of employees to access the Fair Work Commission for dispute resolution. Consequently, the Commission did not grant approval to the proposed agreement.

The Fair Work Commission refused to approve the Christies People (ACT) Pty Ltd/ CFMEU Collective Agreement (ACT) 2012-2016. The Commission's decision highlighted the importance of ensuring that collective agreements provide adequate protections for employees and comply with the requirements of the Fair Work Act.

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