DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2399)

CDMT REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 AUGUST 2020

Application for approval of the CDMT Reo Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the CDMT Reo Pty Ltd / 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 31 August 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Reo Pty Ltd. The agreement proposed various terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement provided for minimum entitlements, complied with the good faith bargaining requirement, and was in the best interests of the employees.

The legal issues the court needed to resolve included whether the proposed agreement contained provisions that provided for the minimum entitlements of employees as stipulated by the Fair Work Act. The court also had to determine whether the agreement was the result of good faith bargaining between the parties, and whether it was in the best interests of the employees. Furthermore, the court needed to consider whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The agreement provided for minimum entitlements, was the result of good faith bargaining, and was in the best interests of the employees. The court noted that the agreement contained provisions for fair and reasonable wages, working hours, and dispute resolution mechanisms, and that it was likely to promote harmonious, productive, and cooperative workplace relations. The court approved the agreement, and it will now be binding on both parties for the duration of 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