Construction, Forestry, Mining and Energy Union-Construction and General Division Summary

[2013] FWCA 9147

The attached document replaces the document previously issued with the above code on 21 November 2013

Correction to title of agreement.

Stevie Smith

Associate to COMMISSIONER RIORDAN

Dated 22 November 2013

[2013] FWCA 9147

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2013/9982)

MANN GROUP NSW / CFMEU COLLECTIVE AGREEMENT 2013 -2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 NOVEMBER 2013

Application for approval of the Mann Group NSW / CFMEU Collective Agreement 2013 -2015].

[1] An application has been made for approval of an enterprise agreement known asthe

Mann Group NSW / CFMEU Collective Agreement 2013 -2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Applicant). 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 relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union-Construction and General Division applied for the approval of the Mann Group NSW / CFMEU Collective Agreement 2013-2015. The agreement was for the employees of Mann Group NSW, an entity involved in the construction industry. The dispute centred around the terms and conditions of employment, including wages, working hours, and other employment-related provisions.

The legal issues that the commission needed to address included whether the agreement met the statutory requirements set forth in the Fair Work Act 2009 and whether it provided for the proper minimum entitlements of the employees. Additionally, the commission had to ensure that the agreement did not contain any provisions that were contrary to public policy or that undermined the fundamental rights of employees.

The Fair Work Commission, after considering the submissions from both parties, found that the agreement largely complied with the statutory requirements. The commission noted that while there were some minor issues with certain clauses, these did not significantly detract from the overall fairness and appropriateness of the agreement. The commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and thus approved the agreement with minor modifications. These modifications were aimed at ensuring full compliance with the Fair Work Act 2009.

Construction, Forestry, Mining and Energy Union-Construction and General Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established