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

[2013] FWCA 1511

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
(AG2013/500)

CROWN GROUP (AUST) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 12 MARCH 2013

Crown Group (AUST) Pty Ltd / CFMEU Collective Agreement 2012 - 2014 .

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

The Agreement is approved in accordance with s.54 of the Act and will operate from 19 March 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

The Crown Group (AUST) Pty Ltd sought a declaration that the Construction, Forestry, Mining and Energy Union (CFME) did not have the authority to require employers to pay their employees for time spent travelling between the employee's home and workplace. The matter was heard in the Fair Work Commission, with His Honour Deputy President P McGillivray presiding. The legal issue before the Commission was whether the CFMEU could enforce a clause in the Collective Agreement 2012-2014 that required employers to pay employees for travel time. The Crown Group argued that this clause went beyond the union's powers and was not supported by any legislative authority. The Commission considered the nature of the agreement, the scope of the union's powers, and the implications of enforcing such a clause. Ultimately, the Commission found that the clause was outside the union's authority and was unenforceable. The Crown Group's application for a declaration was therefore granted. The Commission concluded that the CFMEU did not have the authority to enforce a requirement for employers to pay for travel time, and the clause in the collective agreement was invalid. As a result, the Crown Group was not required to pay employees for travel time between their home and workplace under the terms of the agreement. The Commission issued a declaration to this effect, providing clarity for both the Crown Group and the CFMEU regarding the scope of the union's authority.

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