Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1687

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/576)

TOP KNOT CARPENTRY SERVICES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 21 MARCH 2013

Application for approval of the TOP KNOT CARPENTRY SERVICES PTY LTD/CFMEU Collective Agreement 2013-2014 .

[1] An application has been made for approval of an enterprise agreement known as the Top Knot Carpentry Services Pty Ltd/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the 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 28 March 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the Top Knot Carpentry Services Pty Ltd/CFMEU Collective Agreement 2013-2014. The CFMEU sought to have the agreement registered, which would make it a legally enforceable contract between the union and the employer. The primary issue before the Commission was whether the agreement met the legal requirements for approval, including whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission examined the agreement in detail, considering the specific terms and conditions it contained, the process by which it was negotiated, and whether it provided for fair and reasonable terms and conditions of employment. The CFMEU argued that the agreement provided for fair and reasonable terms and conditions of employment, while the employer contended that certain provisions were unreasonable and unfair. The Commission found that the agreement generally provided for fair and reasonable terms and conditions of employment, and that any issues raised by the employer were not sufficient to prevent the agreement from being approved.

The Commission approved the agreement, subject to certain minor modifications. The CFMEU and the employer were required to make the necessary modifications to the agreement and submit it to the Commission for final approval. Once the modifications were made, the agreement would become a legally enforceable contract between the union and the employer, and would provide for the terms and conditions of employment for the employees covered by the 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