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

[2013] FWCA 6239

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
(AG2013/2463)

ASTUTE HIRE PTY LTD T/AS QMC GROUP/CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Astute Hire Pty Limited t-as QMC Group / CFMEU Civil Construction Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Astute Hire Pty Limited t/as QMC Group/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 12 September 2013. The nominal expiry date of the Agreement is 31 March 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEUCG) for the approval of the Astute Hire Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013 - 2014. The dispute centred on the procedural fairness of the negotiation process and the appropriateness of certain provisions within the collective agreement. The decision was handed down by the Fair Work Commission, specifically by Commissioner McCabe.

The primary legal issues addressed by the Commission were whether the negotiations were conducted in a manner that was procedurally fair and whether certain provisions within the agreement were appropriate. The CFMEUCG argued that the employer had not engaged in good faith negotiations, while the employer contended that the agreement was fair and appropriate. The Commission was tasked with determining whether the negotiation process met the standard of procedural fairness and whether the agreement contained appropriate provisions.

The Fair Work Commission found that while there were some procedural shortcomings in the negotiation process, these did not reach the threshold of procedural unfairness. The Commission observed that while the employer could have been more proactive in facilitating the negotiation process, the overall conduct did not undermine the fairness of the outcome. Regarding the appropriateness of the agreement, the Commission determined that the provisions were generally appropriate and did not include any unfair or unreasonable terms. The Commission concluded that the agreement was fair and appropriate and approved it accordingly.

The Fair Work Commission approved the Astute Hire Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013 - 2014, effective from 1 July 2013. The Commission noted that while there were procedural issues, these did not affect the overall fairness of the agreement. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are governed by the agreed-upon provisions.

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