DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1729)

DARCY ROBINSON T/AS ROBRAND PROJECT SUPPORT SERVICES AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 18 MAY 2018

Application for approval of the Darcy Robinson T/As Robrand Project Support Services and CFMMEU Union Collective Agreement 2018-2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Darcy Robinson T/As Robrand Project Support Services 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). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement between themselves and Darcy Robinson, trading as Robrand Project Support Services. The application was heard by the Fair Work Commission, which is responsible for resolving workplace disputes and ensuring compliance with the Fair Work Act 2009. The CFMEU argued that the agreement was necessary to regulate working conditions, wages, and other employment terms for workers engaged by Robrand Project Support Services.

The legal issues before the Commission involved whether the collective agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement was made in good faith and for the purpose of regulating workplace relations, and whether it complied with the relevant provisions of the Act, including the requirement for independent assessment and approval by the Commission. The CFMEU also had to demonstrate that the agreement did not negatively impact the workers' rights and entitlements under the National Employment Standards and the Modern Awards.

The Fair Work Commission found that the CFMEU had established that the agreement was made in good faith and for the purpose of regulating workplace relations. The Commission also determined that the agreement met the requirements of the Fair Work Act and did not negatively impact the workers' rights and entitlements. After considering the evidence and arguments presented by both parties, the Commission approved the collective agreement, recognising the need for such agreements to regulate the terms and conditions of employment in the specified industries.

The final orders of the Commission were that the CFMEU Union Collective Agreement 2018-2019 between the Construction, Forestry, Maritime, Mining and Energy Union and Darcy Robinson, trading as Robrand Project Support Services, be approved as a registered agreement under section 175 of the Fair Work Act 2009. This decision provides clarity and legal certainty for both parties and ensures that the agreement is in line with the relevant workplace legislation.

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