DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2069)

RICHARD CROOKES CONSTRUCTION PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JULY 2020

Application for approval of the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement 2020.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 July 2020 and, in accordance with s 54, will operate from 3 August 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement 2020. The applicant union argued that the agreement was made in good faith, met the requirements of the Fair Work Act 2009, and was in the best interests of the employees. The respondent, Richard Crookes Construction Pty Ltd, did not contest the application but raised concerns about the enforceability of certain provisions in the agreement.

The legal issues before the court involved determining whether the agreement was made in good faith and met the statutory requirements outlined in the Fair Work Act 2009. The court had to consider whether the agreement was a genuine enterprise agreement, free from any improper influence or coercion, and whether it was in the best interests of the employees. Additionally, the court needed to assess the enforceability of certain provisions within the agreement.

In its decision, the court found that the agreement was indeed made in good faith and met all the statutory requirements for an enterprise agreement. The court noted that the union had acted appropriately in negotiating the agreement and that there was no evidence of improper influence or coercion. The court also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Regarding the enforceability of certain provisions, the court found that they were not problematic and could be enforced without any issues.

The court approved the Richard Crookes Construction Pty Ltd and CFMEU ACT Enterprise Agreement 2020, affirming its validity and enforceability. The union's application for approval was granted, and the agreement was registered under the Fair Work Act 2009.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Reasons for decision

Legal Principle Established