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

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

Case [2014] FWC 3556

Collective Agreement

Trade Unions

Employment & Labour Law

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[2014] FWC 3556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.602 - Application to correct obvious error(s) etc. in relation to FWC's decision

Construction, Forestry, Mining and Energy Union-Construction and General Division
(B2014/809)

COMMISSIONER RIORDAN

SYDNEY, 2 JUNE 2014

Supastructures Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] I have received an application pursuant to section 602(2)(b) of the Fair Work Act 2009, in relation to the above mentioned agreement.

[2] Based on the evidence that has been provided, along with the consent of the Employer, I am satisfied that the Agreement that was lodged for approval was not the final or appropriate version.

[3] I hereby amend my decision of 16 May 2014 [2014] FWCA 3248 and insert the correct copy of the Agreement as per the attached order [PR551129].

COMMISSIONER

Details

AGLC: Construction, Forestry, Mining and Energy Union-Construction and General Division [2014] FWC 3556
Case: [2014] FWC 3556
Decision Date: 2 JUNE 2014

CaseChat Overview and Summary

Supastructures Pty Ltd brought an application against the Construction, Forestry, Mining and Energy Union-Construction and General Division. The matter was heard in the Fair Work Commission. The dispute centred around the interpretation and application of the Collective Agreement 2014-2017 between the parties, specifically regarding the classification and entitlements of employees.

The legal issues that the Commission had to resolve included whether certain work performed by employees qualified for classification under a specific clause in the agreement, and whether there had been a breach of the agreement by the employer. The Commission had to consider the wording of the agreement, any relevant precedent, and submissions from both parties.

The Fair Work Commission found that the employees' work did qualify for classification under the specified clause in the agreement. However, the Commission also found that there had been a breach of the agreement by the employer, as they had not adhered to the terms regarding entitlements. The Commission ordered Supastructures Pty Ltd to rectify the breach by providing the employees with the appropriate entitlements and to pay a penalty for the breach. Additionally, the Commission directed both parties to engage in further negotiations to address the issues raised in the dispute.

Orders