Construction, Forestry, Mining and Energy Union

[2013] FWCA 642

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/13765)

CIVIC CONCRETE GROUP PTY LTD/CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 30 JANUARY 2013

Application for approval of the Civic Concrete Group Pty Ltd / CFMEU Collective Agreement 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Civic Concrete Group Pty Ltd/CFMEU Collective Agreement 2012-2014 (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.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 6 February 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 Federal Circuit Court of Australia, a dispute arose between the Construction, Forestry, Mining and Energy Union (CFMEU) and Civic Concrete Group Pty Ltd concerning the approval of a collective agreement for the period 2012-2014. The CFMEU sought approval for the agreement, which had been negotiated with Civic Concrete Group. The employer contested the approval, raising concerns about certain provisions in the agreement that they believed could have adverse effects on the business's operations and productivity.

The court was required to determine whether the provisions of the collective agreement met the criteria for approval under the relevant legislation. Specifically, the court had to consider whether the agreement provided for a fair and efficient workplace, whether it complied with the procedural requirements, and whether it contained any provisions that could be detrimental to the employer's business. The court also needed to assess whether the agreement promoted harmonious, productive, and cooperative workplace relations.

The court examined the agreement in detail, focusing on the contested provisions. After careful consideration, the court concluded that the provisions did not unduly burden the employer's business operations or productivity. The court found that the agreement was fair and efficient, complied with all procedural requirements, and promoted harmonious and productive workplace relations. Consequently, the court approved the collective agreement, dismissing the employer's objections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established