Construction, Forestry, Mining and Energy Union

[2013] FWCA 83

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/14343)

D.A DALE & D.A DALE & R.I HITCHCOCK & MCKENNA T/A DALE & HITCHCOCK CIVIL ENGINEERING & LANDSCAPING /CFMEU COLLECTIVE AGREEMENT (ACT) 2012-2016

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

Application for approval of the D.A DALE & D.A DALE & R.I HITCHCOCK & MCKENNA T/a Dale & Hitchcock Civil Engineering & Landscaping /CFMEU Collective Agreement (ACT) 2012-2016 .

[1] An application has been made for approval of an enterprise agreement known as the D.A DALE & D.A DALE & R.I HITCHCOCK & MCKENNA T/a Dale & Hitchcock Civil Engineering & Landscaping /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, 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 14 January 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

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The Construction, Forestry, Mining and Energy Union (CFMU) sought approval of a collective agreement entered into with D.A Dale & D.A Dale & R.I Hitchcock & McKenna trading as Dale & Hitchcock Civil Engineering & Landscaping. The application was made under section 236 of the Fair Work Act 2009. The CFMEU argued that the agreement was appropriate for approval as it met the criteria for fair and portable terms and conditions, was not contrary to public policy, and was not likely to have an adverse effect on interstate or international recognition. The applicant also argued that the agreement contained a fair and reasonable balance of entitlements and obligations between the parties, and that it complied with the relevant provisions of the Act.

The Fair Work Commission was required to consider whether the agreement met the criteria for approval under section 236 of the Fair Work Act. The Commission considered whether the agreement contained terms and conditions that were fair and portable, did not contravene public policy, and were not likely to have an adverse effect on interstate or international recognition. The Commission also had to determine whether the agreement contained a fair and reasonable balance of entitlements and obligations between the parties, and whether it complied with the relevant provisions of the Act. The Commission found that the agreement met the criteria for approval and granted the application.

The Fair Work Commission found that the agreement contained terms and conditions that were fair and portable, did not contravene public policy, and were not likely to have an adverse effect on interstate or international recognition. The Commission also found that the agreement contained a fair and reasonable balance of entitlements and obligations between the parties, and that it complied with the relevant provisions of the Act. The Commission was satisfied that the agreement provided for a fair and reasonable balance of rights and obligations, and that it was not contrary to public policy. The Commission also found that the agreement would not have an adverse effect on interstate or international recognition.

The Fair Work Commission approved the collective agreement between the CFMEU and D.A Dale & D.A Dale & R.I Hitchcock & McKenna trading as Dale & Hitchcock Civil Engineering & Landscaping. The Commission found that the agreement met the criteria for approval under section 236 of the Fair Work Act. The Commission considered that the agreement contained terms and conditions that were fair and portable, did not contravene public policy, and were not likely to have an adverse effect on interstate or international recognition. The Commission also found that the agreement contained a fair and reasonable balance of entitlements and obligations between the parties, and that it complied with the relevant provisions of the Act.

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