DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4253)

ROSEVILLE CONSTRUCTION SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the Roseville Construction Services Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Roseville Construction Services Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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, 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, 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 29 August 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 court involved an application for the approval of a collective agreement between the Roseville Construction Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2019. The applicant, Roseville Construction Services Pty Ltd, sought the court's endorsement of the terms and conditions outlined in the collective agreement. The CFMEU, as the representative of the workers, did not oppose the application, and the Fair Work Commission had previously certified the agreement. The court's role was to ensure the agreement met the statutory requirements and did not contain any unlawful provisions.

The central legal issue before the court was whether the collective agreement complied with the applicable industrial relations legislation. Specifically, the court had to determine if the agreement adhered to the mandatory provisions of the Fair Work Act 2009 and whether it contained any terms that were contrary to public policy or unenforceable. The applicant argued that the agreement was fair and reasonable, while the respondent did not raise any objections. The court had to review the agreement to ensure it was not only certified by the Fair Work Commission but also met the legal standards for enforceability.

In examining the agreement, the court considered the obligations imposed by the Fair Work Act, which requires that agreements be free from any terms that would undermine the protections afforded to employees. The court found that the agreement did not contravene any mandatory provisions and was consistent with the principles of the Act. The CFMEU's lack of opposition and the prior certification by the Fair Work Commission further supported the agreement's validity. Consequently, the court approved the collective agreement, finding it to be lawful and in compliance with the necessary standards. The court's decision ensured that the terms of the agreement would be enforceable and protect the rights of both the employer and the employees.

The final order of the court was the approval of the Roseville Construction Services Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The court certified that the agreement met all legal requirements and was fit for purpose. This decision provided certainty to both parties regarding the terms of employment for the specified period and upheld the integrity of the collective bargaining process under the Fair Work Act.

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