Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2353)

RCC BUILDERS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023 – 2027

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 7 AUGUST 2023

Application for approval of the RCC Builders Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the RCC Builders Pty Ltd and CFMEU Union Collective Agreement 2023 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. The application has been made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).

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. In particular, I am satisfied having sought further information from RCC Builders Pty Ltd that the CFMMEU 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from seven days after approval. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the RCC Builders Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The dispute centred around the terms and conditions set out in the proposed agreement, which was intended to govern the employment relationship between RCC Builders and its employees, who were members of the CFMEU. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and whether it was in the interests of the employees and the employer.

The key legal issues before the Commission were whether the proposed collective agreement met the statutory requirements under the Fair Work Act 2009 and whether the agreement was fair and reasonable in all its terms. The Commission needed to examine the provisions of the agreement to ensure they complied with the relevant provisions of the Act, including those related to minimum entitlements, the scope of the agreement, and the bargaining rights of the parties. Additionally, the Commission had to assess whether the agreement was likely to result in improved workplace outcomes for both the employees and the employer.

The Fair Work Commission found that the proposed collective agreement met the statutory requirements and was fair and reasonable in all its terms. The Commission noted that the agreement provided for a range of benefits for the employees, including improved wages and conditions, and that these benefits were balanced by corresponding obligations on the part of the employer. The Commission was satisfied that the agreement was likely to result in improved workplace outcomes for both parties and that it was in the interests of the employees and the employer. Accordingly, the Commission approved the RCC Builders Pty Ltd and CFMEU Union Collective Agreement 2023-2027.

The Commission's final order was the approval of the RCC Builders Pty Ltd and CFMEU Union Collective Agreement 2023-2027, effective from the date of the decision. The agreement now governs the employment relationship between RCC Builders and its employees who are members of the CFMEU, and it will remain in force until the end of the specified term or until it is replaced by a new agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established