DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Forestry Maritime Mining and Energy Union
(AG2018/6669)

RAW RECRUITMENT AND SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) INDIGENOUS INDUSTRY ENTRANT & TRAINING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2019

Application for approval of the RAW RECRUITMENT AND SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Indigenous Industry Entrant & Training Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Raw Recruitment and RAW RECRUITMENT AND SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Indigenous Industry Entrant & Training Enterprise Agreement 2016-2018 (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 24 January 2019. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a workplace agreement between the Construction Forestry Maritime Mining and Energy Union (CFMEU) and Raw Recruitment and Services Pty Ltd. The agreement in question was the RAW RECRUITMENT AND SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Indigenous Industry Entrant & Training Enterprise Agreement 2016-2018. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it contained appropriate provisions for the protection of employee interests, and whether the agreement was free from unlawful content. The Commission also had to consider whether the agreement complied with the requirements for registration as a single interest employee agreement. Additionally, the Commission needed to assess whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, particularly in terms of the manner in which the agreement was made.

In making its decision, the Commission examined the procedural aspects of the agreement, including the consultation processes undertaken and the level of employee participation in the agreement's formation. The Commission also assessed the content of the agreement to ensure that it did not include any provisions that were contrary to public policy or that would otherwise be unlawful. The Commission found that the agreement was a genuine enterprise agreement that contained appropriate provisions for the protection of employee interests and that it complied with all relevant legislative requirements. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the RAW RECRUITMENT AND SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Indigenous Industry Entrant & Training Enterprise Agreement 2016-2018 for registration. The Commission determined that the agreement met all the necessary legal criteria and that it was consistent with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The decision effectively recognises the agreement as a binding enterprise agreement between the parties.

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