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

[2013] FWCA 9073

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
(AG2013/9936)

MARQUES GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013 - 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 NOVEMBER 2013

Application for approval of the Marques Group Pty Ltd / CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe Marques Group Pty Ltd / CFMEU Collective Agreement 2013 -2014 (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 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union-Construction and General Division, the Court considered an application for the approval of the Marques Group Pty Ltd / CFMEU Collective Agreement 2013-2014. The Marques Group, an employer, sought the Court's approval of the agreement with the Construction, Forestry, Mining and Energy Union, representing its employees. The dispute centred on the terms of the collective agreement and whether they complied with the relevant industrial legislation.

The central legal issue before the Court was whether the collective agreement was made in good faith and without coercion, as required by the Fair Work Act 2009. The Marques Group contended that the agreement was made fairly and in the best interests of both parties. The Union, on the other hand, raised concerns about specific provisions of the agreement, arguing they were not negotiated in good faith. The Court had to determine if the agreement met the legislative standards for approval.

In delivering its judgment, the Court examined the evidence and submissions from both parties. It found that the Marques Group had acted in good faith throughout the negotiation process. The Court noted that the Union had not provided sufficient evidence to substantiate its claims of unfair negotiation practices. Consequently, the Court approved the collective agreement, finding it to be in compliance with the statutory requirements.

The Court's final order was the approval of the Marques Group Pty Ltd / CFMEU Collective Agreement 2013-2014. The Court confirmed that the agreement was made in good faith and without coercion and was therefore valid and enforceable under 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