Construction, Forestry, Mining and Energy Union

[2013] FWCA 964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/4847)

RESTIRON PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2013

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 11 FEBRUARY 2013

Application for approval of the Restiron Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2013.

[1] An application has been made for approval of an enterprise agreement known as the Restiron Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2013. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. 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, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2013. The nominal expiry date of the Agreement is 1 September 2013.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Restiron Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2013. The applicant, Restiron Pty Ltd, is an employer within the construction industry, while the respondent, Construction, Forestry, Mining and Energy Union (CFMEU), is a registered trade union representing the employees in the industry. The dispute centred on the terms and conditions of employment as outlined in the proposed collective agreement, with the union seeking to ensure fair and reasonable terms for its members, while the employer aimed to maintain a viable and competitive business operation.

The primary legal issues before the Commission were whether the terms of the proposed agreement were procedurally and substantively fair and reasonable. Procedurally, the Commission had to consider whether the agreement was made in accordance with the applicable provisions of the Fair Work Act 2009, including whether there was genuine bargaining between the parties. Substantively, the Commission was required to assess whether the terms and conditions set out in the agreement were fair and reasonable, taking into account the principles of contemporary awards, the need for flexibility and efficiency in the workplace, and the broader economic context.

The Commission found that the agreement was procedurally valid, as it was the product of genuine bargaining between the parties. The evidence demonstrated that both parties had engaged in meaningful negotiations, and that the union had acted in the best interests of its members. On the substantive fairness and reasonableness of the agreement, the Commission considered the specific terms and conditions proposed and concluded that they were fair and reasonable. The terms provided adequate protections for employees, while also allowing for necessary flexibility and efficiency in the workplace. The Commission also took into account the broader economic context and the need to support businesses in a competitive environment.

The Fair Work Commission approved the Restiron Pty Ltd/CFMEU Collective Agreement (ACT) 2013-2013, subject to the terms and conditions outlined in the agreement. The approval is effective from the date of the decision and will remain in force until the earlier of the expiry of the agreement or a subsequent approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established