Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7770)

RAINBOW GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 OCTOBER 2021

Application for approval of the Rainbow Group Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Rainbow Group Pty Ltd / CFMEU Collective Agreement 2019-2023 (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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 22 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Rainbow Group Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement covered the period 2019-2023 and was being presented to the Fair Work Commission for endorsement. The dispute arose as the CFMEU argued the agreement did not meet the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the statutory criteria for approval.

The legal issues before the court centred on whether the collective agreement fulfilled the obligations under section 235 of the Fair Work Act. Specifically, the court had to consider whether the agreement provided for an employee’s terms and conditions of employment, was free from any terms that were unfair, and contained provisions that were in accordance with the Fair Work Regulations. The court also needed to assess whether the agreement adhered to the principles of the National Employment Standards and the modern awards applicable to the employees.

The Commission examined the agreement in detail, focusing on its provisions regarding wages, hours of work, leave entitlements, and other employment conditions. The court found that the agreement did not contain any unfair terms and provided adequate protections for employees. The agreement also aligned with the relevant national employment standards and modern awards. The Commission concluded that the agreement met all the statutory requirements for approval and granted the application for approval of the collective agreement. The court ordered that the agreement be approved as presented by the applicant.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established