DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1118)

ROCK FORM CONSTRUCTION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	CANBERRA, 16 APRIL 2018

Application for approval of the Rock Form Construction Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rock Form Construction Pty Ltd / 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.

[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 23 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement with Rock Form Construction Pty Ltd. The agreement, which had been negotiated between the union and the employer, sought to regulate the terms and conditions of employment for workers in the construction industry. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement satisfied the requirements for approval as set out in the Act. Specifically, the Commission needed to assess whether the agreement provided for a fair and efficient workplace, and whether it was consistent with the principles of the national workplace relations system. This involved examining the terms of the agreement, including provisions related to wages, hours of work, and dispute resolution mechanisms, to ensure they aligned with the legislative standards.

In delivering its decision, the Commission found that the collective agreement met the statutory criteria for approval. The agreement provided for a fair and efficient workplace by establishing clear and reasonable terms and conditions of employment. It also included provisions that promoted industrial peace and harmony, and provided for an effective dispute resolution process. The Commission concluded that the agreement was consistent with the principles of the national workplace relations system, and therefore granted approval of the agreement.

The Fair Work Commission approved the Rock Form Construction Pty Ltd / CFMEU Collective Agreement 2018, finding that it met the statutory criteria for approval under the Fair Work Act 2009. The agreement was deemed to provide for a fair and efficient workplace, and was consistent with the principles of the national workplace relations system. The Commission's decision provides clarity for employers and employees in the construction industry, and sets a benchmark for future collective agreements in the sector.

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