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

[2013] FWCA 3331

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
(AG2013/1243)

D & A CONSTRUCTION SERVICES NSW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 28 MAY 2013

Application for approval of the D & A Construction Services NSW Pty Ltd/ CFMEU Collective Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the D & A Construction Services NSW Pty Ltd/CFMEU Collective Agreement 2012-2014 (the Agreement). The application was made by the CFMEU 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 4 June 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union – Construction and General Division, the applicant sought approval for the D & A Construction Services NSW Pty Ltd/CFMEU Collective Agreement 2012-2014. The primary dispute revolved around whether the agreement complied with the relevant legislative framework and industrial relations standards. The matter was heard by the Fair Work Commission, the tribunal responsible for overseeing and approving such agreements.

The legal issues before the tribunal encompassed the interpretation and application of the Fair Work Act 2009 and associated regulations to the provisions of the collective agreement. Key concerns included whether the agreement contained permissible terms and conditions, adhered to the principles of good faith bargaining, and ensured fair treatment of employees. The tribunal also needed to consider the impact of the agreement on both the employer and employees within the specified industry.

The tribunal, after thorough examination of the agreement, determined that the provisions were generally in line with the legislative requirements and industrial relations standards. The tribunal noted that while certain clauses required minor adjustments to align fully with the Act, the overall intent and spirit of the agreement were compliant. The tribunal approved the agreement with some minor modifications, ensuring that the balance between the interests of the employer and employees was maintained. This decision was rendered to facilitate a harmonious working relationship within the industry while upholding the principles of fairness and good faith bargaining.

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