DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6726)

THE TRUSTEE FOR THE ROMBERG FAMILY TRUST T/AS I & H CONTRACTORS AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 AUGUST 2021

Application for approval of The Trustee for The Romberg Family Trust T/As I & H Contractors and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for The Romberg Family Trust T/As I & H Contractors and CFMEU Union Collective Agreement 2020–2022 (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 2 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 matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between the union and The Trustee for The Romberg Family Trust trading as I & H Contractors for the years 2020 to 2022. The application was heard by the Fair Work Commission (FWC), which is Australia's independent national workplace relations tribunal. The legal issues at the heart of this case centred on whether the proposed collective agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was made in good faith and whether it contained terms and conditions that were fair and reasonable in all respects.

In examining the proposed agreement, the FWC considered several key factors. It assessed whether the agreement complied with the statutory requirements of the Fair Work Act and whether the process leading up to the agreement's formation was free from any procedural irregularities. The FWC also evaluated whether the agreement's terms and conditions were fair and reasonable, taking into account the broader economic context and the interests of all parties involved. The FWC's analysis included a review of the bargaining process, the content of the agreement, and the overall fairness of the terms proposed. Ultimately, the FWC concluded that the agreement met the statutory criteria and was thus approved.

The FWC found that the collective agreement was made in good faith and that the bargaining process was procedurally sound. The terms and conditions of the agreement were deemed fair and reasonable, balancing the interests of both the union and the employer. The FWC highlighted that the agreement provided a comprehensive framework for workplace relations, addressing various aspects such as wages, working conditions, and dispute resolution mechanisms. Given these findings, the FWC approved the application for the collective agreement to be registered.

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