Construction, Forestry, Mining and Energy Union

[2013] FWCA 1668

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5506)

CLASS 1 FORM PTY LTD/CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

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

Application for approval of the Class 1 Form Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2016 .

[1] An application has been made for approval of an enterprise agreement known as the Class 1 Form Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2016 (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 matter involved an application for approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Form Pty Ltd. The application was heard by the Fair Work Commission, with the Union seeking to have the agreement approved as a certified agreement. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for certification, particularly the provisions relating to the nature and scope of the agreement, the representation of employees, and the adherence to the principles of enterprise flexibility.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it covered all employees within the designated bargaining unit, and whether it complied with the good faith bargaining requirements and the principles of enterprise flexibility. The Commission had to examine whether the agreement was consistent with the provisions of the Act and the broader objectives of the industrial relations system.

After considering the submissions and evidence from both parties, the Fair Work Commission found that the agreement was genuinely negotiated and covered all employees within the designated bargaining unit. The Commission determined that the agreement complied with the good faith bargaining requirements and the principles of enterprise flexibility. Consequently, the Commission approved the agreement as a certified agreement under the Fair Work Act 2009. The decision was based on the evidence provided and the legal framework established by the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established