Construction, Forestry, Mining and Energy Union (New South Wales Branch)

[2013] FWCA 6224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union (New South Wales Branch)
(AG2013/2337)

KANEBRIDGE CONSTRUCTIONS NSW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 29 AUGUST 2013

Application for approval of the Kanebridge Constructions NSW Pty Ltd/CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kanebridge Constructions NSW Pty Ltd/CFMEU Collective Agreement 2013-2014 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.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 5 September 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 applicant, Kanebridge Constructions NSW Pty Ltd, sought approval of a collective agreement from 2013-2014 with the Construction, Forestry, Mining and Energy Union (New South Wales Branch). The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The nature of the dispute was primarily whether the terms of the agreement were fair and balanced, and if they adhered to the provisions of the Act, particularly regarding minimum entitlements, bargaining, and dispute resolution.

The central legal issues revolved around the fairness and balance of the terms of the agreement, and whether they complied with the provisions of the Fair Work Act. Key points included the calculation of penalty rates, the establishment of a dispute resolution process, and the inclusion of specific clauses that were not covered by the Act. The Commission had to assess whether these terms were reasonable and whether they provided adequate protections for both the employer and the employees.

In delivering its decision, the Commission found that the agreement was fair and balanced, and met the requirements of the Fair Work Act. The Commission noted that the penalty rates were calculated in a manner that was consistent with industry standards and the agreement provided for a fair and efficient dispute resolution process. The inclusion of specific clauses was considered reasonable and necessary to address particular circumstances of the workplace. Consequently, the Commission approved the collective agreement, finding that it did not disadvantage either party and was in compliance with the statutory framework.

The final orders of the Commission were that the application for approval of the collective agreement be granted, and the agreement be approved as meeting the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established