DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5333)

REO STRUC AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the Reo Struc Australia Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a greenfields agreement known as the Reo Struc Australia Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 Construction, Forestry, Mining and Energy Union are 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a collective agreement with Reo Struc Australia Pty Ltd. The central dispute centred on the terms and conditions of employment within the agreement. The Fair Work Commission was the adjudicating body in this case.

The primary legal issue for the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement met the requirements for being a "better-off overall test" (BOOT) and determining whether any provisions within the agreement contravened the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it contained provisions that were necessary to prevent industrial action.

In reaching its decision, the Commission examined the terms of the agreement and the evidence presented by both parties. It determined that the agreement satisfied the BOOT, as it provided employees with overall better terms and conditions than those under the applicable award. The Commission also found that the agreement was made in good faith and did not contain any provisions that contravened the Act. Consequently, the Commission approved the collective agreement, finding it to be fair and reasonable.

The Commission's decision concluded that the application for approval of the Reo Struc Australia Pty Ltd and CFMEU Union Collective Agreement 2015-2019 was successful. The agreement was approved and would now govern the employment terms and conditions between the parties for the specified period.

Construction, Forestry, 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