DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3200)

ROBUST CONSTRUCTION SERVICES PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 JULY 2018

Application for approval of the Robust Construction Services Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Robust Construction Services Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (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 3 August 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the 2018-2019 Collective Agreement between Robust Construction Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement was submitted for assessment under the Fair Work Act 2009, to determine whether it met the criteria for registration and enforcement. The dispute centred on specific terms within the agreement that were argued to contravene the provisions of the Act or to be otherwise unfair.

The key legal issues the Commission had to decide included whether the terms of the agreement were consistent with the requirements of the Fair Work Act, particularly in relation to minimum entitlements, procedural fairness, and the protection of employees' rights. Additionally, the Commission examined whether any terms of the agreement were overly restrictive or punitive, thereby rendering them unfair under the Act.

The Fair Work Commission, in its decision, meticulously reviewed each contested term of the agreement, assessing them against statutory benchmarks and broader principles of industrial fairness. The Commission found that several terms did indeed contravene the Act, primarily due to their punitive nature and potential to unfairly restrict employee rights. Consequently, these terms were deemed not to meet the legislative requirements for approval. However, the Commission also noted that other provisions within the agreement were consistent with the Act and could be approved. The final decision involved the amendment of certain contentious terms and the approval of the agreement subject to those amendments.

The Fair Work Commission ordered the amendment of specific terms in the agreement to ensure compliance with the Fair Work Act, and granted approval for the agreement subject to those amendments. The Commission also directed that the amended agreement be registered and enforceable, effective from the date of the decision.

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