Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 1012

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2018/206)

Robust Constructions Services Pty Ltd / CFMEU Collective Agreement 2017 - 2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 15 FEBRUARY 2018

Application for approval of the Robust Constructions Services Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

An application has been made for approval of an enterprise agreement known as the Robust Constructions Services Pty Ltd / CFMEU Collective Agreement 2017 - 2018 (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.

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, 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 22 February 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter under consideration was an application for the approval of the 2017-2018 collective agreement between Robust Constructions Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, where the Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central issue at hand was whether the terms of the agreement were in compliance with the statutory requirements and whether they provided for fair and reasonable terms for both parties involved.

The Commission examined the provisions of the agreement to ascertain whether it contained the mandated minimum terms and conditions, as well as whether it allowed for flexibility in certain areas. The Commission also considered the extent to which the agreement addressed the interests of the employees, as well as the ability of the employer to manage its business effectively. The Court was particularly attentive to whether the agreement contained any provisions that might be deemed to be contrary to public policy or which might have an adverse effect on the broader industrial relations system.

After careful consideration of the arguments presented and the provisions of the agreement, the Fair Work Commission determined that the collective agreement met the necessary criteria for approval. The Commission found that the agreement contained the requisite minimum terms and conditions, provided for flexibility in certain areas, and balanced the interests of both the employees and the employer. The Court also concluded that the agreement did not contain any provisions that were contrary to public policy or which would have an adverse effect on the broader industrial relations system. Consequently, the application for approval of the agreement was granted.

The final orders of the Fair Work Commission included the approval of the 2017-2018 collective agreement between Robust Constructions Services Pty Ltd and the Construction, Forestry, Mining and Energy Union, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work Ombudsman's website. The decision of the Fair Work Commission serves as a useful reference for employers and unions when negotiating and drafting collective agreements in the future.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established