DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2876)

ROCK FORM ACT PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 OCTOBER 2020

Application for approval of the Rock Form ACT Pty Ltd and CFMEU ACT Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Rock Form ACT Pty Ltd and CFMEU ACT Enterprise Agreement 2020 (the Agreement). The application was made by 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 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 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 16 October 2020. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Rock Form ACT Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union ACT Enterprise Agreement 2020. The primary dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with examining the agreement's provisions to determine if they adhered to the legislative standards for enterprise agreements, particularly focusing on the bargaining process, content, and compliance with the provisions concerning minimum entitlements and other statutory requirements.

The legal issues the court needed to address included whether the agreement was genuinely negotiated and if it complied with the procedural fairness requirements. Furthermore, the court had to ascertain whether the agreement contained terms that provided for, or otherwise contravened, minimum entitlements and whether it included any provisions that were outside the scope of permissible matters for enterprise agreements. The court was also required to consider if the agreement was consistent with the Fair Work Act's purpose of promoting cooperative and productive workplace relations.

In its decision, the Fair Work Commission found that the Rock Form ACT Pty Ltd and CFMEU ACT Enterprise Agreement 2020 was genuinely negotiated and complied with the procedural fairness requirements. The agreement was deemed to be consistent with the statutory provisions and did not contravene any minimum entitlements. The court approved the agreement, noting that it contained provisions that were within the scope of permissible matters for enterprise agreements and aligned with the objectives of the Fair Work Act. Consequently, the application for approval was granted.

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