DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3634)

REDWOOD CONSTRUCTION SERVICES 3 PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2019

Application for approval of the Redwood Construction Services 3 Pty Ltd/CFMEU South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Redwood Construction Services 3 Pty Ltd/CFMEU South Australia Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 16 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Redwood Construction Services 3 Pty Ltd/CFMEU South Australia Enterprise Agreement 2019. The applicant, Redwood Construction Services 3 Pty Ltd, sought approval of the agreement under the Fair Work Act 2009, while the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) South Australia Branch represented the employees. The central dispute centred around whether the enterprise agreement met the requirements for approval under the legislation, including compliance with the "better off overall test" and other statutory criteria.

The legal issues for the Commission to determine were whether the enterprise agreement satisfied the conditions set forth in the Fair Work Act, particularly focusing on whether it provided employees with terms and conditions that were at least as good as those provided under the applicable award or modern award, and whether the agreement had been made in good faith and without coercion. Additionally, the Commission examined whether the agreement was appropriately certified by a relevant independent certifier.

The Commission found that the enterprise agreement met the statutory requirements for approval. The agreement was deemed to be fair and reasonable, providing employees with improved terms and conditions compared to the relevant award. The Commission was satisfied that the agreement was made in good faith, without coercion, and had been appropriately certified. Consequently, the Commission approved the Redwood Construction Services 3 Pty Ltd/CFMEU South Australia Enterprise Agreement 2019.

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