Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1666

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5501)

EMPLACE PTY LTD AND THE CFMEU COLLECTIVE AGREEMENT (ACT) 2012-2016

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

Application for approval of the Emplace Pty Ltd and the CFMEU Collective Agreement (ACT) 2012-2016 .

[1] An application has been made for approval of an enterprise agreement known as the Emplace Pty Ltd and the CFMEU Collective Agreement (ACT) 2012-2016 (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 26 March 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Emplace Pty Ltd, which covered the period from 2012 to 2016. The application was brought before the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009, specifically in relation to the agreement's coverage and the processes used to negotiate it.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it covered employees who were appropriately represented by the union. Additionally, the Commission needed to determine if the agreement complied with the good faith bargaining obligations under the Act. The Commission examined the documentation and evidence provided by both parties to ascertain if the agreement met the statutory criteria for approval.

The Commission found that the agreement was genuinely negotiated and that the union had appropriately represented the employees. The agreement was found to comply with the good faith bargaining requirements. The Commission approved the agreement, highlighting that it provided for fair and reasonable terms for the employees covered by the agreement. The decision was based on the evidence provided and the compliance of the agreement with the legislative framework. The final orders included the approval of the collective agreement between Emplace Pty Ltd and the CFMEU, effective from the period specified.

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