DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6558)

RB MAJOR PROJECTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 AUGUST 2021

Application for approval of the RB Major Projects Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of a greenfields agreement known as the RB Major Projects Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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] 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 24 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between RB Major Projects Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the years 2020 to 2022. The application was brought under section 235 of the Fair Work Act 2009, which requires the Commission to approve an agreement if it determines that the agreement meets certain criteria, including that it does not harm the national economy or the interests of employees or employers generally. The dispute centred on whether the terms of the proposed agreement met the legislative requirements for approval.

The primary legal issues the Commission had to decide were whether the agreement provided for the payment of wages and conditions of employment that did not fall below the relevant industry award or safety net award, and whether it contained provisions that were not detrimental to the national economy or the interests of employees or employers generally. The Commission needed to examine the specific terms of the agreement to determine if they met these criteria.

In its decision, the Commission thoroughly reviewed the proposed agreement, focusing on its wage and condition provisions, and any other terms that might impact the national economy or the interests of employees or employers. After careful consideration, the Commission found that the agreement did not provide for wages and conditions below the relevant awards and did not contain provisions that were detrimental to the national economy or the interests of employees or employers. The Commission approved the agreement, concluding it met the statutory requirements for approval. No further orders were necessary.

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