Construction, Forestry, Mining and Energy Union; Supastructures Pty Ltd Summary

[2014] FWCA 3248 [Note: a further decision has been issued to this document]

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union; Supastructures Pty Ltd
(AG2014/1031)

SUPASTRUCTURES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 MAY 2014

Application for approval of the Supastructures Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Supastructures Pty Ltd / CFMEU Collective Agreement 2014-2017 (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 (the applicant). 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 relevant to this application for approval has been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and Supastructures Pty Ltd, who sought approval of a collective agreement from 2014 to 2017. The dispute was heard by the Fair Work Commission (FWC) and revolved around the application for the approval of this collective agreement. The CFMEU sought approval for the agreement to ensure that it met the necessary requirements under the Fair Work Act 2009 (Cth), while Supastructures Pty Ltd argued that certain provisions of the agreement were unfair and should not be approved.

The legal issues before the FWC included determining whether the provisions of the agreement were consistent with the Fair Work Act and whether any unfair provisions should be disallowed. The court was required to consider the overall fairness of the agreement and whether it met the requirements for approval under the Fair Work Act. In addition, the FWC needed to assess the effect of the agreement on the parties involved and ensure that the agreement complied with the relevant legislative provisions.

The FWC found that the collective agreement was generally consistent with the requirements of the Fair Work Act. However, the FWC identified certain provisions that were considered unfair and not in compliance with the Act. These provisions were disallowed, and the FWC made orders to ensure that the remaining provisions of the agreement were fair and met the necessary requirements. The FWC's decision was based on a detailed analysis of the agreement's provisions and the relevant legislative provisions, as well as consideration of the parties' submissions and arguments.

In summary, the FWC approved the Supastructures Pty Ltd/CFMEU Collective Agreement 2014-2017, subject to the disallowance of certain provisions found to be unfair. The FWC's decision demonstrates the importance of ensuring that collective agreements comply with the requirements of the Fair Work Act and the need for careful consideration of the agreement's provisions to ensure fairness for all parties involved.

Construction, Forestry, Mining and Energy Union; Supastructures Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established