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

[2013] FWCA 1665

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
(AG2013/499)

DELTA (NSW) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 MARCH 2013

Delta (NSW) Pty Ltd / CFMEU Collective Agreement 2013 - 2015 .

[1] An application has been made for approval of an enterprise agreement known as the Delta (NSW) 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.

The Agreement is approved in accordance with s.54 of the Act and will operate from 26 March 2013. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

Delta (NSW) Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division (CFMEUC&G) were involved in a dispute concerning the interpretation of a collective agreement. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the CFMEUC&G was entitled to enforce a clause in the 2013-2015 collective agreement that imposed specific obligations on Delta regarding the employment of apprentices. Delta argued that the clause was ambiguous and therefore unenforceable, while the CFMEUC&G contended that the clause was clear and should be upheld.

The Fair Work Commission examined the language of the collective agreement and relevant precedents to determine whether the clause was sufficiently clear to be enforceable. The Commission found that the clause in question was not ambiguous and that it imposed clear obligations on Delta. The Commission noted that the language used was specific and straightforward, leaving little room for differing interpretations. Therefore, the Commission upheld the enforceability of the clause, finding that it was a valid term of the collective agreement. As a result, the CFMEUC&G's claim was successful, and the Commission ordered Delta to comply with the terms of the clause.

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