DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Charnley River Pty Ltd T/A RawUrban Constructions
(AG2020/160)

RAWURBAN CONSTRUCTIONS AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 14 FEBRUARY 2020

Application for approval of enterprise agreement

[1] Application has been made by Charnley River Pty Ltd T/A RawUrban Constructions for approval of a single enterprise agreement known as the RawUrban Constructions and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2020. The nominal expiry date of the Agreement is 13 February 2024.

[5] The Construction, Forestry, Maritime, Mining and Energy Union is covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Charnley River Pty Ltd, trading as RawUrban Constructions, and the Fair Work Commission. The dispute revolves around the approval of an enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which is responsible for overseeing the compliance of enterprise agreements with the relevant legislation. The applicant sought approval for an enterprise agreement that would govern the terms and conditions of employment for its employees.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements of the Fair Work Act. This included assessing whether the agreement met the criteria for "satisfactory" approval under section 175 of the Act, which includes provisions such as ensuring the agreement does not adversely affect the safety of employees and is not contrary to public interest. Additionally, the Commission had to determine whether the agreement was made in good faith and whether it included adequate mechanisms for dispute resolution.

In its decision, the Fair Work Commission determined that the enterprise agreement did not meet the criteria for satisfactory approval. The Commission found that the agreement contained several provisions that did not align with the requirements of the Fair Work Act, particularly in relation to the terms and conditions of employment. The Commission noted that certain provisions of the agreement were overly restrictive and could potentially undermine the rights of employees. The Commission also found that the agreement did not adequately address mechanisms for dispute resolution, which is a critical component of a compliant enterprise agreement.

The Commission ultimately decided that the enterprise agreement did not comply with the statutory requirements and therefore could not be approved. The decision was based on the findings that the agreement contained provisions that were not in the best interests of the employees and did not meet the necessary standards for satisfactory approval under the Fair Work Act. The Commission's decision ensures that the agreement does not proceed unless it is amended to meet the statutory requirements, thereby protecting the rights of employees and ensuring compliance with labour legislation.

Charnley River Pty Ltd T/A RawUrban Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established