Construction, Forestry, Maritime, Mining and Energy Union T/A CFMMEU

[2019] FWCA 6903

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union T/A CFMMEU

(AG2019/3700)

Carrabay Australia Pty Ltd t-as Carrabay Reo Pty Ltd / CFMEU Collective Agreement 2019

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Carrabay Australia Pty Ltd t-as Carrabay Reo Pty Ltd / CFMEU Collective Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Carrabay Australia Pty Ltd t-as Carrabay Reo Pty Ltd / CFMEU Collective Agreement 2019 (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 T/A CFMMEU. 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 (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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 1 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Carrabay Australia Pty Ltd, trading as Carrabay Reo Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU). The issue was an application for the approval of a collective agreement between the two parties. The case was heard in the Australian Industrial Relations Commission. The legal issues the court had to address centred on whether the collective agreement met the necessary requirements for approval under the relevant industrial relations legislation. This included examining if the agreement contained appropriate provisions for employee rights and obligations, if it adhered to the standards set by the Fair Work Act 2009, and whether it was reached through a process that was fair and representative.

The court undertook a thorough examination of the collective agreement, focusing on its compliance with the legislative framework. It was important to verify that the agreement was not only fair but also met the specific criteria outlined in the Fair Work Act. The court looked into whether the agreement had been negotiated genuinely and if it provided for adequate protections for employees. It also considered the process through which the agreement was reached, ensuring that it was representative of the workforce and that there was no coercion or undue influence. After reviewing the evidence and arguments presented by both parties, the court found that the collective agreement met all the necessary requirements for approval. The court was satisfied that the agreement was fair, complied with the legislation, and had been negotiated in a manner that was representative and genuine.

As a result of its findings, the court approved the collective agreement between Carrabay Australia Pty Ltd and the CFMEU. The decision was grounded in the court's determination that the agreement was fair and met all the statutory requirements for approval. This outcome meant that the collective agreement could now be enforced as a legally binding document between the employer and the union. The final orders of the court included the approval of the collective agreement, allowing it to be implemented and enforced between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established