Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 3167

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2065)

City Rendering Pty. Limited / CFMEU Collective Agreement 2018

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

Application for approval of the City Rendering Pty. Limited / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the City Rendering Pty. Limited / CFMEU Collective Agreement 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 8 June 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the City Rendering Pty. Limited / CFMEU Collective Agreement 2018. The dispute involved the terms and conditions of employment for employees of City Rendering Pty. Limited under the proposed collective agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the proper balance between the parties' interests, was free from any improper influences, and contained all the mandatory provisions required by the Fair Work Act. Additionally, the Commission had to assess if the agreement met the "better off overall test," ensuring that employees would not be worse off financially compared to their previous conditions.

The Commission found that the agreement appropriately balanced the interests of both parties and was free from any improper influences. It was determined that the agreement included all mandatory provisions and met the better off overall test. Consequently, the Commission approved the City Rendering Pty. Limited / CFMEU Collective Agreement 2018, recognising its compliance with the relevant statutory requirements.

The Fair Work Commission approved the City Rendering Pty. Limited / CFMEU Collective Agreement 2018, effective from the date of the decision. The agreement was to apply to all employees of City Rendering Pty. Limited covered by the agreement, and the terms and conditions outlined within it were to govern their employment relationship with the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established