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

[2013] FWCA 5347

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
(AG2013/1843)

MIKCON PTY LTD/CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 5 AUGUST 2013

Application for approval of the Mikcon Pty Ltd/CFMEU Civil Construction Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe Mikcon Pty Ltd/CFMEU Civil Construction 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) has 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 March 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Mikcon Pty Ltd/CFMEU Civil Construction Collective Agreement 2013-2014. The applicant, the Construction, Forestry, Mining and Energy Union - Construction and General Division, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The primary respondent, Mikcon Pty Ltd, was a company that had entered into the agreement with the union. The Fair Work Commission, as the body responsible for registering such agreements, was also a party to the proceedings.

The legal issues before the court centred on whether the agreement met the necessary criteria for registration under the Fair Work Act. This included verifying that the agreement was genuinely negotiated between the parties, was not inconsistent with any relevant federal law, and that the bargaining representatives had the authority to negotiate on behalf of the parties involved. Additionally, the court had to consider whether the agreement met the requirements for being a protected action agreement, which is a type of agreement that provides additional protections to employees.

The Fair Work Commission examined the evidence provided by both the union and the company to determine if the agreement was genuinely negotiated. The court found that the union had the authority to negotiate on behalf of the employees and that the company had entered into the agreement voluntarily. The court also confirmed that the agreement did not contravene any federal laws and met the criteria for a protected action agreement. As a result, the court approved the registration of the Mikcon Pty Ltd/CFMEU Civil Construction Collective Agreement 2013-2014, recognising it as a valid agreement under the Fair Work Act.

The final orders of the court included the approval of the Mikcon Pty Ltd/CFMEU Civil Construction Collective Agreement 2013-2014 as a registered agreement. This decision ensured that the terms of the agreement would be legally enforceable and provide the intended protections to the employees involved. The court's approval also allowed the agreement to be registered with the Fair Work Commission, enabling it to be recognised and enforced by the relevant authorities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established