DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6416)

ROBERTS CO. (NSW) PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 13 AUGUST 2021

Application for approval of the Roberts Co. (NSW) Pty Limited / CFMEU Collective Agreement 2019-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU/the Union) made an application for approval of the Roberts Co. (NSW) Pty Limited / CFMEU Collective Agreement 2019-2023 (“the 2021 Agreement”) and also for the termination of the Roberts Pizzarotti (NSW) Pty Limited / CFMEU Collective Agreement 2019-2022 (“the 2019 Agreement”) [[2021] FWCA 5002, PR732804]. This decision deals with the approval of the 2021 Agreement.

[1] The application for approval of the 2021 Agreement was made under s.185 of the Fair Work Act 2009 (the Act). The 2021 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 CFMMEU was a bargaining representative for the 2021 Agreement and has given notice under s.183 of the Act that it wants the 2021 Agreement to cover it. In accordance with s.201(2) I note that the 2021 Agreement covers the CFMMEU.

[4] The 2021 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2021. The nominal expiry date of the 2021 Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Roberts Co. (NSW) Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The CFMEU sought approval of the agreement, which had been negotiated between the parties, under the Fair Work Act 2009. The central dispute was whether the collective agreement complied with the statutory requirements and whether it could be approved as a lawful and fair agreement.

The primary legal issues that the Fair Work Commission had to determine were whether the collective agreement met the criteria for approval under section 233 of the Fair Work Act, including whether it was made in good faith and provided for matters that were genuinely intended to be the subject of the agreement. The Commission also needed to assess whether the agreement was consistent with the Act's overarching purpose, including whether it facilitated workplace flexibility and productivity while ensuring fair treatment of employees.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The Commission was satisfied that the agreement was made in good faith and addressed matters genuinely intended to be covered by the agreement. The Commission noted the parties' commitment to negotiating in good faith and the comprehensive nature of the agreement, which covered a wide range of employment terms and conditions. Furthermore, the Commission determined that the agreement was consistent with the Act's purpose, facilitating workplace flexibility and productivity while ensuring fair treatment of employees. The Commission approved the collective agreement, finding that it complied with all necessary statutory requirements.

The Fair Work Commission approved the Roberts Co. (NSW) Pty Limited / CFMEU Collective Agreement 2019-2023, confirming its compliance with the Fair Work Act. The Commission's decision recognised the agreement as a lawful and fair arrangement between the parties, facilitating workplace flexibility and productivity while ensuring fair treatment of employees. This outcome provides clarity for both parties, ensuring that the agreement can be implemented without further legal challenge under the Act.

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