CORRECTION TO DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10874)

HEW GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 JANUARY 2015

Application for approval of the HEW Group Pty Ltd / CFMEU Collective Agreement 2014-2015.

[1] The decision issued by the Fair Work Commission on 13 January 2015 [[2014] FWCA 273] is corrected as follows:

1. By deleting the date “31 May 2016” where it appears in paragraph [4] of the decision and replacing it with the date “31 May 2015”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HEW Group Pty Ltd, in association with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval for their 2014-2015 collective agreement from the Fair Work Commission. The agreement, which aimed to regulate employment terms between the employer and union members, faced scrutiny to ensure compliance with the Fair Work Act 2009. The Commission was tasked with assessing the agreement's adherence to the Act and its fairness towards both parties involved.

The central legal issues revolved around whether the collective agreement met the statutory criteria set forth in the Fair Work Act, specifically if it contained any provisions that were contrary to public interest or failed to ensure fairness. Additionally, the court examined whether the agreement provided adequate mechanisms for dispute resolution and if it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the HEW Group Pty Ltd / CFMEU Collective Agreement 2014-2015 was consistent with the Fair Work Act. The Commission determined that the agreement did not contravene public interest, was fair, and included proper dispute resolution mechanisms. The court also noted that the bargaining process had been conducted in good faith, with both parties demonstrating a commitment to reaching a mutually acceptable agreement.

As a result, the Commission approved the collective agreement, acknowledging its compliance with the statutory requirements and its fairness towards both the employer and the union members. The decision underscored the importance of adherence to the legislative framework and the principles of good faith bargaining in collective agreements.

HEW GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2015

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established