DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5972)

REDWOOD CONSTRUCTION SERVICES (NSW) PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JULY 2021

Application for approval of the Redwood Construction Services (NSW) Pty Limited / CFMEU Collective Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Redwood Construction Services (NSW) Pty Limited / CFMEU Collective Agreement 2020-2023 (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 21 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Redwood Construction Services (NSW) Pty Limited for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2023. The application was brought under the Fair Work Act 2009, which allows for the approval of certain agreements by the Fair Work Commission where they meet specific criteria. The CFMEU opposed the application, arguing that the proposed agreement did not meet the necessary standards for approval.

The legal issues that the court had to decide included whether the agreement contained all the required terms under the Fair Work Act, whether it provided for a fair and equitable resolution of any disputes that might arise, and whether it complied with the provisions regarding the disclosure of information and the protection of employees' rights. Additionally, the court needed to consider whether the agreement was in the best interests of the employees and the broader community.

The court considered the arguments presented by both parties and examined the contents of the proposed agreement in detail. It found that the agreement met all the necessary requirements under the Fair Work Act. The court was satisfied that the agreement contained all the required terms, provided for a fair and equitable resolution of disputes, and complied with the provisions regarding the disclosure of information and the protection of employees' rights. The court also determined that the agreement was in the best interests of the employees and the broader community. Therefore, the court approved the collective agreement between Redwood Construction Services (NSW) Pty Limited and the CFMEU for the period 2020-2023.

The final orders of the court were that the application for approval of the collective agreement be granted, and the agreement be approved as a registered agreement under the Fair Work Act. This decision provides certainty for the parties and ensures that the agreement will operate as intended, subject to the terms and conditions set out in the 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