| [2022] FWCA 3588 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/4226)
Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2020–2022
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 19 OCTOBER 2022 |
Application for approval of the Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2020–2022
An application has been made for approval of an enterprise agreement known as the Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 26 October 2022. The nominal expiry date of the Agreement is 31 December 2022.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 3588
- Case
- [2022] FWCA 3588
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were whether the collective agreement complied with the statutory requirements for such agreements, particularly in relation to the fairness and reasonableness of the terms and conditions it contained. The court had to consider the overall fairness of the agreement as well as the specific clauses that Rosenlund Contractors Pty Ltd had identified as potentially problematic. This involved examining whether the agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees, and whether it adhered to the provisions of the applicable industrial legislation.
In delivering its judgment, the court meticulously reviewed the collective agreement and the objections raised by Rosenlund Contractors Pty Ltd. The court found that the agreement as a whole was fair and reasonable, and that the specific clauses in question were not objectionable. The court was satisfied that the agreement provided for a fair and equitable distribution of rights and obligations, and that it did not contravene the relevant industrial legislation. Consequently, the court approved the collective agreement for the specified period.
The court's final order was that the Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2020–2022 be approved in accordance with the relevant industrial legislation. The approval was subject to the terms and conditions set out in the agreement, and the court's judgment provided clarity on the specific clauses that had been the subject of the employer's concerns. This decision reinforced the importance of collective agreements in establishing fair working conditions and provided guidance for future agreements in similar contexts.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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