DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5653)

RICHARD CROOKES CONSTRUCTIONS PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JUNE 2021

Application for approval of the Richard Crookes Constructions Pty. Limited / CFMEU Collective Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Richard Crookes Constructions Pty. Limited / CFMEU Collective Agreement 2021-2023 (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 7 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 case involved an application by Richard Crookes Constructions Pty. Limited for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the years 2021 to 2023. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval. The dispute centred on the specifics of the agreement's terms and conditions, particularly regarding the balance of interests between the employer and the union, and whether the agreement adhered to the Fair Work Act 2009.

The primary legal issues before the Commission were whether the collective agreement appropriately reflected a fair balance of interests between the parties, complied with the statutory requirements under the Fair Work Act, and whether it adhered to the principles of good faith bargaining and fairness. The Commission also had to consider the impact of the agreement on employees' rights and the broader implications for industrial relations in the construction industry.

In rendering its decision, the Commission thoroughly examined the terms of the agreement and the process by which it was negotiated. It found that the agreement demonstrated a fair balance of interests between the employer and the union and complied with all statutory requirements. The Commission was satisfied that the negotiation process adhered to the principles of good faith bargaining and fairness. The Commission approved the agreement, emphasising its importance in maintaining harmonious industrial relations within the industry.

The final orders of the Commission included the approval of the Richard Crookes Constructions Pty. Limited / CFMEU Collective Agreement 2021-2023, effective from the specified period, with conditions that both parties adhere to the terms and conditions as stipulated. The decision underscored the importance of fair and balanced agreements in fostering a constructive industrial relations environment.

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