Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4426

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3158)

REDS GLOBAL (VIC) PTY LTD and theCFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 27 JULY 2018

Application for approval of the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicants, REDS GLOBAL and the union, sought the Commission's approval of the agreement under the Fair Work Act 2009. The agreement was intended to govern the employment terms and conditions of the workforce employed by REDS GLOBAL in Victoria. The legal issues before the Commission involved ensuring that the agreement met the statutory requirements for approval, including compliance with the Fair Work Act's provisions for enterprise agreements, and whether the agreement was made in good faith and without coercion.

The Commission examined the process by which the agreement was formed, including the negotiation process and whether the union and the employer had acted in good faith. It also assessed whether the agreement included all the permissible matters and whether it complied with the provisions concerning employee protections and minimum standards. After considering submissions from both parties and the evidence presented, the Commission determined that the agreement was made in good faith and without coercion. It further found that the agreement included all permissible matters and did not contravene any provisions of the Fair Work Act. The Commission was satisfied that the agreement met all the criteria for approval and did not adversely affect the employee protections or minimum standards.

Accordingly, the Fair Work Commission approved the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The approval ensures that the terms and conditions set out in the agreement will govern the employment of the workforce at REDS GLOBAL for the specified period. The decision confirms the legality and enforceability of the agreement, providing clarity and certainty for both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established