DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2960)

ROBERTS PIZZAROTTI (NSW) PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2020

Application for approval of the Roberts Pizzarotti (NSW) Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Roberts Pizzarotti (NSW) Pty Limited / CFMEU Collective Agreement 2019-2022 (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 21 October 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of a collective agreement between Roberts Pizzarotti (NSW) Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement, which was set to cover the period from 2019 to 2022, sought to regulate the terms and conditions of employment for employees within Roberts Pizzarotti (NSW) Pty Limited. The Commission was tasked with assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act, including compliance with the good faith bargaining provisions, and whether it contained any terms that were contrary to the public interest or detrimental to the employees. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it had been negotiated in good faith.

In its decision, the Fair Work Commission found that the agreement complied with the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith and contained terms that were fair and reasonable for the employees. The Commission also found that the agreement did not contain any terms that were contrary to the public interest or detrimental to the employees. As such, the Commission approved the collective agreement.

The Fair Work Commission approved the Roberts Pizzarotti (NSW) Pty Limited / CFMEU Collective Agreement 2019-2022, finding it to be compliant with the statutory requirements for approval under the Fair Work Act. The Commission found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable for the employees. The Commission also found that the agreement did not contain any terms that were contrary to the public interest or detrimental to the employees.

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