Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/832)

RAW PERSONNEL PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 APRIL 2022

Application for approval of the RAW PERSONNEL PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2022

An application has been made for approval of a greenfields agreement known as the RAW PERSONNEL PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and RAW Personnel Pty Ltd, concerning the approval of the RAW Personnel/CFMEU South Australia Greenfield Enterprise Agreement 2022. The dispute centred on the provisions of the proposed agreement and whether they complied with the relevant statutory requirements under the Fair Work Act 2009. The Commission was tasked with assessing if the agreement met the necessary standards for approval, including ensuring it provided for fair and reasonable terms and conditions.

The legal issues before the Commission included whether the proposed enterprise agreement contained appropriate mechanisms for resolving disputes and ensuring compliance with minimum workplace entitlements. The Commission also considered whether the agreement adequately addressed the rights and obligations of employees and employers as required by the Fair Work Act. Another key issue was whether the agreement allowed for flexibility in the workforce while maintaining fair treatment of employees.

In reaching its decision, the Commission reviewed the provisions of the agreement and determined that it provided for fair and reasonable terms and conditions for employees. The Commission found that the agreement contained adequate mechanisms for resolving disputes and ensuring compliance with minimum workplace entitlements. It was also satisfied that the agreement appropriately balanced the rights and obligations of both employees and employers. Consequently, the Commission approved the RAW Personnel/CFMEU South Australia Greenfield Enterprise Agreement 2022, subject to the specific conditions and requirements outlined in the decision.

The final orders of the Commission included the approval of the enterprise agreement with certain conditions, such as the establishment of a committee to monitor and review the agreement's implementation and compliance with its terms. The agreement was to be subject to periodic reviews to ensure it remained fair and reasonable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established