DECISION

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

City Rendering Pty Limited
(AG2015/3062)

CITY RENDERING PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 AUGUST 2015

Application for approval of the City Rendering Pty. Limited / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe City Rendering Pty. Limited / CFMEU Collective Agreement 2015 - 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 have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish 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

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CaseChat Overview and Summary

City Rendering Pty Limited, along with the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval for their collective agreement covering the period from 2015 to 2017. The application was brought before the Fair Work Commission, where the primary focus was on the fairness and compliance of the agreement with relevant employment laws.

The legal issues that needed to be resolved involved assessing whether the collective agreement met the criteria set out in the Fair Work Act 2009, particularly whether it was made in good faith and was free from any improper conduct. The court also had to consider whether the agreement provided for a fair and reasonable terms and conditions for the employees, and whether it complied with the provisions for the protection of vulnerable employees.

The Commission examined the application in detail, focusing on the negotiation process, the content of the agreement, and its implications for the employees. The Commission concluded that the agreement was made in good faith, was free from any improper conduct, and provided for fair and reasonable terms and conditions. The Commission also found that the agreement was compliant with the protection provisions for vulnerable employees. Based on these findings, the Commission approved the collective agreement, confirming its fairness and compliance with the relevant legislation.

City Rendering Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established