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

[2013] FWCA 5227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2013/2122)

CONRINA CONSTRUCTIONS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 2 AUGUST 2013

Application for approval of the Conrina Constructions Pty Ltd/CFMEU Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Conrina Constructions Pty Ltd/CFMEU Collective Agreement 2013-2015 (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 9 August 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union Construction and General Division (CFMEU) sought approval for a collective agreement with Conrina Constructions Pty Ltd, covering the period 2013-2015. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the FWC's procedural requirements and substantive provisions, particularly around the terms of employment, remuneration, and dispute resolution.

The FWC examined the procedural validity of the agreement, including whether the parties had genuinely negotiated the terms and whether the agreement was properly presented for approval. Additionally, the FWC assessed the agreement's content against the Fair Work Act's substantive standards, such as whether it provided for minimum entitlements and did not unfairly disadvantage employees. The CFMEU argued that the agreement was the result of genuine negotiations and contained fair and reasonable terms, while Conrina Constructions Pty Ltd contended that certain clauses did not comply with the FWC's requirements.

The FWC concluded that the agreement was procedurally valid as it was the result of genuine negotiations and was properly presented for approval. However, the FWC identified certain clauses that did not meet the statutory standards, particularly those relating to remuneration and dispute resolution. The FWC made orders to amend these clauses to ensure compliance with the Fair Work Act. The FWC approved the amended agreement, finding that it met the necessary criteria for approval.

The FWC ordered that the Conrina Constructions Pty Ltd/CFMEU Collective Agreement 2013-2015 be approved with amendments to specific clauses to ensure compliance with the Fair Work Act. These amendments related to the calculation of overtime and penalty rates, and the process for resolving disputes. The FWC emphasised the importance of ensuring that collective agreements adhere to both procedural and substantive requirements to protect the rights of employees and maintain industrial harmony.

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