DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/441)

COURTLY REO PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MARCH 2020

Application for approval of the Courtly Reo Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Courtly Reo Pty Limited / 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 6 March 2020 and, in accordance with s 54, will operate from 13 March 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 this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement with Courtly Reo Pty Limited for the period 2019-2022. The application was heard in the Fair Work Commission. The dispute centred around the interpretation and compliance of the proposed agreement with the Fair Work Act 2009. Key issues included whether the agreement met the requirements for a 'good faith' negotiation process, whether it adhered to the provisions of the Act concerning minimum terms and conditions, and if it appropriately balanced the rights and obligations of both parties.

The Commission examined the negotiation process and the content of the agreement to determine if it was the product of genuine negotiations and if it met the criteria for approval. The Commission noted that the CFMEU and Courtly Reo had engaged in a series of meetings and discussions, which were deemed to be conducted in good faith. The Commission also assessed whether the agreement contained terms and conditions that complied with the statutory minimum standards and whether the agreement appropriately balanced the interests of both parties.

After considering the evidence and submissions from both parties, the Commission found that the collective agreement met the requirements of the Fair Work Act. The negotiation process was found to be genuine, and the terms and conditions of the agreement were in compliance with the statutory minimum standards. The Commission approved the agreement, recognising the balance it achieved between the rights and obligations of the CFMEU and Courtly Reo. Consequently, the agreement was deemed to be fair and appropriate for the specified period.

The Commission's final order was the approval of the Courtly Reo Pty Limited / CFMEU Collective Agreement 2019-2022, with the conditions that it be registered with the Fair Work Commission and that it be applied in accordance with the terms set out in 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