Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2011

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/707)

ZWF PTY LTD/CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 4 APRIL 2013

Application for approval of the ZWF Pty Ltd / CFMEU Collective Agreement 2012 - 2014 .

[1] An application has been made for approval of an enterprise agreement known as the ZWF Pty Ltd/CFMEU Collective Agreement 2012-2014 (the Agreement). The application was made by Construction, Forestry, Mining and Energy Union 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.

The Agreement is approved in accordance with s.54 of the Act and will operate from 11 April 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by ZWF Pty Ltd for approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2012 to 2014. The application was brought before the Fair Work Commission (FWC), which has jurisdiction to approve, modify, or reject collective agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the legislative requirements for approval and if it adhered to the principles of good faith bargaining and fair terms and conditions.

The key legal issues before the FWC were whether the agreement met the statutory criteria for approval, specifically that it did not include terms that were contrary to public policy, and whether the parties had engaged in genuine bargaining. Additionally, the FWC had to determine if the agreement provided fair and reasonable terms and conditions, including whether it was consistent with the enterprise's capacity to pay.

The FWC found that the agreement did not contravene public policy and that the bargaining process was genuine. The Commission considered the financial capacity of the enterprise and concluded that the proposed terms and conditions were fair and reasonable, taking into account the circumstances of the enterprise and the bargaining outcomes. The FWC approved the collective agreement, noting that it provided for a balanced and fair resolution of the terms and conditions of employment for the relevant period. The decision highlighted the importance of good faith bargaining and the need for agreements to be within the capacity of the enterprise to pay.

The Fair Work Commission approved the collective agreement between ZWF Pty Ltd and the CFMEU for the period 2012 to 2014, subject to the terms and conditions specified in the approved 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