Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1427

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/12979)

SYDNEY LABOUR & CONSTRUCTION PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2012 - 2014

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 7 MARCH 2013

Application for approval of the Sydney Labour & Construction Pty Ltd / CFMEU Collective Agreement 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Labour & Construction Pty Ltd / CFMEU Collective Agreement 2012 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 28 - Hours of work / Rostered days off, provides for an ordinary span of hours between 6:00am to 6:00pm. The Building and Construction General On-site Award 2010 (the Award), being the relevant modern award for the application of the better off overall test as per s.193(1) of the Act, provides for an ordinary span of hours from 7:00am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in the Agreement are significantly higher, and compensate for the additional increase in the span of ordinary working hours. I am satisfied that the increase in the ordinary span of hours satisfies the better off overall test.

[3] The Agreement covers those employees in the classification structure in Appendix B of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] 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) I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 14 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

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and Sydney Labour & Construction Pty Ltd, concerning the approval of their collective agreement for the period 2012-2014. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The union and the employer had negotiated a collective agreement, which was now subject to approval by the Commission to ensure compliance with the Fair Work Act 2009.

The legal issues before the Commission were whether the terms of the agreement were consistent with the provisions of the Fair Work Act, particularly focusing on whether they adhered to the principles of good faith bargaining and the protection of employees' rights. The Commission had to consider the fairness of the agreement in light of the existing employment standards and the bargaining positions of both parties. Furthermore, the Commission examined if the agreement met the criteria for approval, including whether it provided for a fair and efficient resolution of workplace issues.

The Commission found that the agreement was largely consistent with the principles of the Fair Work Act, reflecting the requirements of good faith bargaining. The terms of the agreement were deemed fair, taking into account the specific context of the industries involved. The Commission approved the collective agreement, acknowledging the balance struck between the interests of the employer and the employees, as well as the broader implications for the industry. The decision highlights the importance of fair and efficient workplace agreements in maintaining harmonious industrial relations.

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