DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1191)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 MAY 2020

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

[1] An application has been made for approval of a greenfields agreement known as the Rock Form Group Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement entered into with Rock Form Group Pty Ltd. The agreement, which covered the period from 2019 to 2022, was designed to govern the terms and conditions of employment for workers within the union’s jurisdiction. The application was made under the Fair Work Act 2009, which provides for the making of such agreements and their subsequent approval by the Commission. The central issue before the Commission was whether the collective agreement met the statutory requirements for approval, including compliance with the “better off overall test” and other legislative provisions.

The court was required to examine the terms of the agreement to ensure that it provided a safety net of minimum wages and conditions, did not discriminate against particular classes of employees, and did not undermine the operation of safety nets provided by modern awards or the general industrial relations system. Additionally, the Commission had to consider whether the agreement provided employees with benefits that were better than those available under the relevant modern award. The legal scrutiny involved detailed analysis of the agreement’s provisions in comparison to the applicable award and the broader industrial context.

Upon reviewing the evidence and submissions from both parties, the Commission determined that the agreement satisfied the necessary criteria for approval. The agreement was found to meet the “better off overall test”, as it provided employees with terms and conditions that were more favourable than those provided by the applicable modern award. The Commission was satisfied that the agreement did not undermine the safety nets provided by the award and contained no discriminatory provisions. Consequently, the Fair Work Commission approved the collective agreement, affirming its alignment with the legislative framework and its beneficial impact on the employees involved.

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