DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1668)

REDS GLOBAL PERSONNEL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

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

[1] An application has been made for approval of an enterprise agreement known as the Reds Global Personnel 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 1 July 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 involved an application for the approval of a collective agreement between Reds Global Personnel Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant, Reds Global Personnel, sought to have the proposed agreement, which was intended to govern the employment conditions of its employees, certified as a registered agreement under the Fair Work Act 2009. The CFMEU, as the registered union, was involved in negotiating the terms of the agreement on behalf of the employees. The primary dispute centred around whether the agreement met the statutory requirements for registration and whether it provided fair and reasonable terms for both parties.

The court had to determine if the proposed agreement contained all the mandated provisions and if it complied with the Fair Work Act. This included ensuring the agreement was not contrary to public policy, did not unfairly discriminate against any employee, and provided for the protection of employees' rights. The court also had to consider whether the agreement was negotiated in good faith and if it was consistent with the principles of enterprise bargaining. Additionally, the court needed to assess whether the agreement provided for the protection of employees' rights and interests, and if it was fair and reasonable.

The court reviewed the agreement clause by clause, examining its compliance with the Fair Work Act. It found that the agreement contained all the required provisions and was negotiated in good faith. The court was satisfied that the agreement was not contrary to public policy and did not unfairly discriminate against any employee. It also determined that the agreement provided for the protection of employees' rights and interests and was fair and reasonable. The court concluded that the agreement met all statutory requirements and approved it as a registered agreement.

The final orders of the court were that the Reds Global Personnel Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and enforceable as of the date of the decision, and the parties were directed to comply with its terms. The court's decision provided clarity and certainty for both Reds Global Personnel and the CFMEU, allowing them to proceed with the implementation of the agreed terms and conditions.

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