Construction, Forestry, Mining and Energy Union-South Australian Branch Summary

[2014] FWCA 3074

The attached document replaces the document previously issued with the above code on 13 May 2014.

The content of document, paras [1] [2] & [3] has been amended to reflect the requirements of a Greenfields Agreement.

Denise Jelfs

Associate to Senior Deputy President O’Callaghan

13 May 2014

[2014] FWCA 3074

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union-South Australian Branch
(AG2014/5796)

PROBUILD CONSTRUCTION (AUST) PTY LTD - SOUTH AUSTRALIA / CFMEU COLLECTIVE AGREEMENT 2014

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

Application for approval of the Probuild Construction (Aust) Pty Ltd - South Australia / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Probuild Construction (Aust) Pty Ltd - South Australia / 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 the Construction, Forestry, Mining and Energy Union (CFMEU) and Probuild Construction (Aust) Pty Ltd. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[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 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer,

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Probuild Construction (Aust) Pty Ltd - South Australia / CFMEU Collective Agreement 2014. The parties to the dispute were Probuild Construction (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union-South Australian Branch. The crux of the matter lay in the negotiation and approval of the terms of employment and conditions of work between the employer and the union. The dispute was heard in the Fair Work Commission of Australia.

The central legal issues that the court had to address were whether the collective agreement was made in good faith and whether it complied with the Fair Work Act 2009. Specifically, the court examined if the agreement met the requirements for a valid enterprise agreement, including the necessity of being made without coercion, discrimination, or harassment, and ensuring that it provided for a fair and efficient workplace. The court also had to determine if the agreement contained all the mandatory provisions prescribed by the Fair Work Act.

In reaching its decision, the court scrutinised the negotiation process and contents of the collective agreement. It found that the agreement was made in good faith, with no evidence of coercion, discrimination, or harassment. Furthermore, the court held that the agreement was comprehensive and included all the mandatory provisions required by the Fair Work Act. The court also noted that the agreement provided for a fair and efficient workplace, which was beneficial for both the employees and the employer. Consequently, the court approved the Probuild Construction (Aust) Pty Ltd - South Australia / CFMEU Collective Agreement 2014.

As a result of the court's decision, the Probuild Construction (Aust) Pty Ltd - South Australia / CFMEU Collective Agreement 2014 was approved and registered under the Fair Work Act 2009. This ruling effectively formalised the terms and conditions of employment between the employer and the union, providing legal certainty for both parties moving forward.

Construction, Forestry, Mining and Energy Union-South Australian Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established