DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1658)

REDS GLOBAL (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 JUNE 2020

Application for approval of the Reds Global (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Reds Global (NSW) 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 2 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicants sought approval for a collective agreement between the Reds Global (NSW) Pty Ltd and the CFMEU for the period 2019-2022. The application was heard in the Fair Work Commission. The main dispute centred around the terms and conditions of employment outlined in the proposed agreement, with specific contention over certain clauses that the union argued were not sufficiently fair and reasonable.

The legal issues before the Commission involved the interpretation and assessment of the proposed agreement against the criteria for approval under the Fair Work Act. Key concerns included whether the agreement met the threshold for being deemed fair and reasonable, particularly in relation to provisions concerning wages, working hours, and dispute resolution mechanisms. The Commission needed to determine if these provisions were in line with the broader objectives of the Act, including promoting harmonious, productive, and cooperative workplace relationships.

After thorough consideration of the arguments presented by both parties, the Fair Work Commission found that the agreement largely met the requirements for being fair and reasonable. The Commission acknowledged the union's concerns but concluded that the proposed terms were balanced and in the best interests of the employees. The Commission approved the agreement subject to certain minor amendments to address specific points of contention. These changes ensured compliance with the statutory criteria and maintained the integrity of the agreement.

The final orders included the approval of the Reds Global (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022, with the specified amendments. The Commission's decision was based on its determination that the agreement, as amended, provided a fair and reasonable framework for employment conditions and would support productive workplace relationships.

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