Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7704)

RB MAJOR PROJECTS PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 OCTOBER 2021

Application for approval of the RB Major Projects Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

[1] An application has been made for approval of a greenfields agreement known as the RB Major Projects Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] 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 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with RB Major Projects Pty Ltd, covering the period from 2021 to 2025. The matter was heard in the Fair Work Commission, with the application for approval being brought under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval, including whether it was in the best interests of the employees covered by the agreement.

The legal issues before the Commission included whether the agreement provided for appropriate minimum terms and conditions for the employees, whether it was fair and reasonable, and whether it would be in the best interests of the employees. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it was consistent with the national workplace relations system.

The Fair Work Commission found that the agreement met all the necessary requirements for approval. The Commission noted that the agreement provided for appropriate minimum terms and conditions, including provisions for wages, hours of work, and leave. The Commission also found that the agreement was fair and reasonable, and that it would be in the best interests of the employees. The Commission noted that the agreement provided for appropriate mechanisms for dispute resolution, and that it was consistent with the national workplace relations system. The Commission therefore approved the agreement, subject to certain modifications to address minor technical issues.

The Fair Work Commission approved the collective agreement, subject to certain modifications to address minor technical issues. The modifications related to the formatting and clarity of some provisions in the agreement, and did not affect the substance of the agreement. The Commission noted that the modifications were minor and would not have a significant impact on the operation of the agreement. The approval of the agreement will provide certainty and stability for both the employer and employees, and will help to ensure that the agreement is effective in promoting fair and reasonable terms and conditions of employment.

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