DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1151)

ROCK FORM GROUP 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 Group Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rock Form Group 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

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) sought approval of the Rock Form Group Pty Ltd / CFMEU Collective Agreement 2018. The dispute centred on the terms and conditions of employment outlined in the collective agreement, specifically addressing issues such as wages, working hours, and other employment-related matters. The Commission was tasked with ensuring that the agreement complied with relevant industrial relations legislation and protected the rights and interests of both the employees and the employer.

The primary legal issue before the Commission was whether the collective agreement adhered to the requirements of the Fair Work Act 2009. This involved assessing whether the agreement was genuinely negotiated between the parties, and whether it provided adequate protections for employees in terms of wages, working conditions, and other employment-related matters. The Commission also needed to determine if the agreement contained any provisions that could be considered contrary to public policy or that undermined the rights of employees.

The Commission found that the collective agreement was genuinely negotiated between the parties and provided appropriate protections for employees. The agreement included provisions that addressed wages, working hours, and other relevant employment terms. The Commission confirmed that the agreement complied with the Fair Work Act 2009 and did not contain any provisions that were contrary to public policy or undermined the rights of employees. The Commission approved the Rock Form Group Pty Ltd / CFMEU Collective Agreement 2018, effective from 1 April 2018.

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