Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 79

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/14325)

CORD CIVIL PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2012-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 7 JANUARY 2013

Application for approval of the Cord Civil Pty Ltd/CFMEU Collective Agreement (ACT) 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Cord Civil Pty Ltd/CFMEU Collective Agreement (ACT) 2012-2016. 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, has 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 14 January 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cord Civil Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of their collective agreement under the Fair Work Act 2009. The application was brought before the Full Bench of the Fair Work Commission. The primary dispute involved the terms and conditions of employment for Cord Civil's employees, specifically those outlined in the collective agreement, and whether these terms complied with the relevant legislation.

The court had to decide if the collective agreement adhered to the statutory requirements of the Fair Work Act, particularly in relation to the protection of employees' rights and interests. The key issues included whether the agreement provided adequate protections for employees in terms of wages, working conditions, and dispute resolution mechanisms. The court also needed to ensure that the agreement did not unfairly disadvantage any party and that it was reached through a genuine process of negotiation.

The court found that the collective agreement was compliant with the Fair Work Act. It confirmed that the agreement provided appropriate protections for the employees and that the negotiation process was genuine. The terms of the agreement were deemed to be fair and balanced, ensuring that both the employer and the employees' rights were protected. The court approved the collective agreement, finding that it met all statutory requirements and was in the best interest of both parties involved.

No further orders were made beyond the approval of the collective agreement. The decision confirmed the validity of the agreement and allowed it to be implemented as per the terms outlined.

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