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

[2013] FWCA 2563

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
(AG2013/962)

MORRIS C PAINTING - BUILDING NSW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 29 APRIL 2013

Application for approval of the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2012 - 2014 .

[1] An application has been made for approval of an enterprise agreement known as the Morris C Painting - Building NSW Pty Ltd/CFMEU Collective Agreement 2012-2014 (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.

[1] The Agreement is approved in accordance with s.54 of the Act and will operate from 6 May 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Morris C Painting - Building NSW Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division. The dispute centred on the terms and conditions of employment for workers within the construction industry in New South Wales for the period of 2012 to 2014. The Fair Work Commission was tasked with determining whether the collective agreement was fair and reasonable, in accordance with the provisions of the Fair Work Act 2009.

The legal issues before the Commission encompassed several key elements, including the fairness of the wage rates and conditions stipulated in the collective agreement, the adequacy of the dispute resolution mechanisms outlined within the agreement, and the overall compliance of the agreement with the objectives of the Fair Work Act 2009. The Commission needed to ensure that the agreement balanced the interests of both employers and employees, and did not unduly favour one party over the other.

In its decision, the Fair Work Commission examined the evidence presented by both parties and considered the broader context of the construction industry in New South Wales. The Commission determined that the collective agreement was fair and reasonable, taking into account the wage rates, conditions of employment, and dispute resolution mechanisms. The Commission found that the agreement adequately balanced the interests of both employers and employees and was in compliance with the objectives of the Fair Work Act 2009. Consequently, the Commission approved the collective agreement for the specified period.

The Fair Work Commission's approval of the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2012 - 2014 signifies its satisfaction with the terms and conditions of the agreement, and its compliance with the requirements of the Fair Work Act 2009. The Commission's decision ensures that the workers in the construction industry in New South Wales have a fair and reasonable collective agreement that balances the interests of both employers and employees.

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