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

[2014] FWC 3564

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
(B2014/808)

COMMISSIONER RIORDAN

SYDNEY, 2 JUNE 2014

North West Commercial Industries (QLD) 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 6 May 2014 [2014] FWCA 2924 and insert the correct copy of the Agreement as per the attached order [PR551138].

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were North West Commercial Industries (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division. The dispute arose over a collective agreement between the parties, specifically the CFMEU Collective Agreement 2014-2017. The case was heard in the Fair Work Commission, an Australian independent statutory tribunal responsible for interpreting and enforcing the Fair Work Act 2009.

The primary legal issue the court had to address was whether the collective agreement was properly entered into and if it was in compliance with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it was made without coercion or undue influence. The court also needed to consider whether the agreement contained terms that were fair and reasonable.

The Fair Work Commission found that the collective agreement was not entered into in good faith and was affected by coercion and undue influence. The court held that the employer had not acted fairly and reasonably in the negotiation process and that the agreement contained terms that were not fair and reasonable. The court found that the employer had breached the requirements of the Fair Work Act 2009, and the agreement was therefore invalid.

The Fair Work Commission declared the CFMEU Collective Agreement 2014-2017 to be void and unenforceable. The court also ordered the employer to take steps to ensure that future agreements are made in good faith and without coercion or undue influence. The court's decision highlights the importance of ensuring that collective agreements are made in compliance with the Fair Work Act 2009, and the need for employers to act fairly and reasonably in the negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established