Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/14371)

ADCO CONSTRUCTIONS PTY LTD / CFMEU GREENFIELDS AGREEMENT (ACT) 2012-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 8 JANUARY 2013

Application for approval of the ADCO Constructions Pty Ltd / CFMEU Greenfields Agreement (ACT) 2012-2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the ADCO Constructions Pty Ltd / CFMEU Greenfields Agreement (ACT) 2012-2016 (the Agreement).

[2] The Agreement was made by the employer, ADCO Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (the Union).

[3] I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 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) applied to the Fair Work Commission for approval of the ADCO Constructions Pty Ltd/CFMEU Greenfields Agreement (ACT) 2012-2016. The agreement was made between ADCO Constructions Pty Ltd, an employer in the construction industry, and the CFMEU, representing the employees. The dispute centred on the terms and conditions of employment and the approval process under the Fair Work Act 2009.

The legal issues before the court were whether the agreement complied with the statutory requirements and if it could be considered a good faith bargain. The court needed to assess the fairness of the agreement's terms, its compliance with the Fair Work Act, and whether the agreement was genuinely made in good faith. This involved evaluating the process of negotiation and whether the agreement's terms were fair and reasonable.

The court found that the agreement met the statutory requirements and was made in good faith. It was determined that the negotiation process was robust and the terms were fair and reasonable. The court took into account the nature of the industry, the bargaining positions of the parties, and the overall context of the agreement. The court's decision was based on a detailed examination of the evidence and submissions from both parties. The agreement was approved, confirming its compliance with the necessary legislative standards.

No further orders were made beyond the approval of the agreement. The court's decision was final, and the agreement was thereby approved under the Fair Work Act 2009.

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