DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1370)

ROCK FORM CONSTRUCTION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2020

Application for approval of the Rock Form Construction Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Rock Form Construction Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 28 May 2020 and, in accordance with s 54, will operate from 4 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Rock Form Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms of the proposed agreement for the period 2019-2022, with the union and the employer seeking to finalise and formalise their bargaining outcomes through this agreement. The Commission was tasked with assessing whether the collective agreement complied with the relevant legislative provisions and whether it was fair and reasonable for the purposes of the Fair Work Act.

The primary legal issue before the Commission was whether the proposed collective agreement met the statutory requirements set out in the Fair Work Act, specifically focusing on whether the agreement contained terms that were unfair or unreasonable. The Commission also needed to determine if the agreement was made in good faith and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement complied with the enterprise bargaining priority provisions and whether it was consistent with the national system of industrial relations.

The Commission found that the collective agreement did not contain any terms that were unfair or unreasonable. It determined that the agreement was made in good faith and provided for adequate dispute resolution mechanisms. The Commission also concluded that the agreement complied with the enterprise bargaining priority provisions and was consistent with the national system of industrial relations. Based on these findings, the Commission approved the collective agreement, finding it to be fair and reasonable for the purposes of the Act. The approval of the agreement was a significant step in formalising the bargaining outcomes between the parties and providing certainty for the employees and the employer.

The final orders of the Commission included the approval of the collective agreement between Rock Form Construction Pty Ltd and the CFMEU, effective from 1 March 2019 until 31 December 2022. The agreement, as approved, was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement during the specified period. The Commission's decision provided a clear framework for the relationship between the parties and established the terms under which the employees would be employed 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