Construction, Forestry, Mining and Energy Union-Construction and General Division, SA Divisional Branch Summary

[2014] FWCA 3081

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, SA Divisional Branch
(AG2014/5880)

STRUCTURAL SYSTEMS (SOUTHERN) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MAY 2014

Application for approval of the Structural Systems (Southern) Pty Ltd / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Structural Systems (Southern) Pty Ltd / CFMEU Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union (CFMEU) and Structural Systems (Southern) Pty Ltd. 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 CFMEU, 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union-Construction and General Division, SA Divisional Branch applied for approval of the Structural Systems (Southern) Pty Ltd / CFMEU Collective Agreement 2014. The dispute was heard in the Fair Work Commission, which is responsible for approving collective agreements under the Fair Work Act 2009. The main legal issues revolved around whether the agreement met the requirements set forth in the Act, particularly whether it was in the interests of the employees and whether it complied with procedural requirements.

The Fair Work Commission found that the agreement was in the best interests of the employees, as it provided for reasonable terms and conditions, including pay rates and conditions that were no less favourable than those provided by applicable awards or registered agreements. The Commission also found that the agreement complied with procedural requirements, including the proper conduct of any ballot of employees, and that the agreement was not likely to have a detrimental effect on the business of the employer. The Commission was satisfied that the agreement met the requirements of the Fair Work Act, and therefore approved the agreement.

The Fair Work Commission approved the Structural Systems (Southern) Pty Ltd / CFMEU Collective Agreement 2014, subject to certain conditions. The approval is effective from 1 April 2014 and will remain in force until 31 March 2019, or until terminated earlier in accordance with the agreement. The Commission also ordered that the employer and the union provide a copy of the approved agreement to the Fair Work Ombudsman within 14 days of the approval.

Construction, Forestry, Mining and Energy Union-Construction and General Division, SA Divisional Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established