Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 3173

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2104)

Rosenlund Contractors Pty Ltd and CFMMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 1 JUNE 2018

Application for approval of the Rosenlund Contractors Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

An application has been made for approval of an enterprise agreement known as the Rosenlund Contractors 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.

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 8 June 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Rosenlund Contractors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The agreement was submitted for approval under section 235 of the Fair Work Act 2009. The dispute centred on whether the terms and conditions outlined in the collective agreement were fair and reasonable, particularly in relation to the wage rates, hours of work, and other employment conditions.

The key legal issues before the Commission included the interpretation of the terms of the collective agreement, the application of the principles of fairness and reasonableness as outlined in the Fair Work Act, and whether the agreement provided for a fair and equitable resolution of the employment relationship between the employer and the union. The Commission had to consider whether the agreement met the statutory requirements for approval, including compliance with the relevant industrial instruments and the broader principles of good faith bargaining and fairness.

In delivering its decision, the Commission noted that the agreement was the result of extensive and good faith bargaining between the parties. It found that the agreement contained terms and conditions that were fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission emphasised the importance of the parties' capacity to negotiate and reach a mutually beneficial outcome. The agreement was approved as it provided for a fair and reasonable resolution of the employment relationship and met all the statutory requirements for approval.

The Fair Work Commission approved the Rosenlund Contractors Pty Ltd and CFMMEU Union Collective Agreement 2018-2019, recognising the outcome as a fair and reasonable resolution of the employment relationship between the parties.

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