DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/329)

ROBERTS PIZZAROTTI (NSW) PTY LIMITED / CFMEU GREENFIELD AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2019

Application for approval of the Roberts Pizzarotti (NSW) Pty Limited / CFMEU Greenfield Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Roberts Pizzarotti (NSW) Pty Limited / CFMEU Greenfield Agreement 2018 (the Agreement). The application was made by 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 are 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 5 March 2019. The nominal expiry date of the Agreement is 1 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application seeking the approval of an agreement reached between Roberts Pizzarotti (NSW) Pty Limited and the union, titled the Roberts Pizzarotti (NSW) Pty Limited / CFMEU Greenfield Agreement 2018. The application was heard in the Federal Court of Australia. The primary concern was whether the agreement, which aimed to establish a new enterprise in Roberts Pizzarotti's business, complied with the relevant provisions of the Fair Work Act 2009.

The court had to determine if the agreement was genuinely negotiated and if it met the statutory requirements outlined in the Fair Work Act. This included ensuring that the agreement was not discriminatory, that it provided for proper consultation, and that it was appropriately certified by the relevant authority. Additionally, the court had to examine if the agreement adequately covered terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The Federal Court found that the agreement was genuinely negotiated between the parties and that it met all statutory requirements. The court noted that the agreement contained comprehensive terms and conditions that were fair and reasonable. It also confirmed that the agreement was not discriminatory and that it provided for adequate consultation. Consequently, the court approved the Roberts Pizzarotti (NSW) Pty Limited / CFMEU Greenfield Agreement 2018, allowing it to come into effect as intended.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

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Legal Principle Established