DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6929)

ROBERTSON COATINGS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 SEPTEMBER 2021

Application for approval of the Robertson Coatings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of a greenfields agreement known as the Robertson Coatings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made by 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are Robertson Coatings (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centres around the approval of a collective agreement between the two parties for the period 2020-2022. The Fair Work Commission was the court responsible for examining the matter.

The primary legal issues the court needed to address were whether the collective agreement met the necessary requirements under the Fair Work Act 2009 and if the agreement was fair and reasonable in its terms. The court needed to ensure that the agreement complied with the legislative framework and did not contain any provisions that would be unfair or unreasonable to either party.

The court found that the collective agreement met all the necessary requirements under the Fair Work Act 2009 and was fair and reasonable in its terms. The court took into account the nature of the industry, the economic climate, and the bargaining power of both parties when making its decision. The court also considered the provisions of the agreement and found that they were not unreasonable or unfair. Consequently, the court approved the Robertson Coatings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

The final orders of the court were that the Robertson Coatings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 was approved and would be registered with the Fair Work Commission. The agreement would be binding on both parties and would remain in effect until the end of the agreed period or until it was terminated or replaced by a new agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established