DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3934)

REGENCY BALUSTRADE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the Regency Balustrade Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Regency Balustrade 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 20 July 2016 and, in accordance with s.54, will operate from 27 July 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

In this matter, Regency Balustrade Pty Ltd and the Construction, Forestry, Mining and Energy Union were before the Fair Work Commission, contesting the approval of a collective agreement made between the two parties. The union sought to have the agreement recognised and approved, while the employer contested certain provisions, particularly those concerning the classification and wages of employees. The Commission was required to determine whether the collective agreement was fair and appropriate, considering the relevant legal framework and principles.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically focusing on the requirements for the approval of a collective agreement. The employer challenged the fairness of the agreement, arguing that certain provisions were overly prescriptive and did not allow for reasonable flexibility in the workplace. The union, on the other hand, contended that the provisions were necessary to ensure fair wages and working conditions for its members. The Commission had to balance these competing interests and decide whether the agreement met the statutory criteria for approval.

The Fair Work Commission concluded that the collective agreement was, in principle, fair and appropriate. While acknowledging the employer's concerns about flexibility, the Commission found that the union had demonstrated a need for specific protections for its members. The Commission emphasised the importance of maintaining a balance between the rights of employers to manage their businesses and the rights of employees to fair and equitable treatment. The Commission approved the agreement, subject to certain modifications to address the employer's concerns about flexibility in the workplace.

The Fair Work Commission ordered the approval of the Regency Balustrade Pty Ltd and CFMEU Union Collective Agreement 2015-2019, with certain modifications to address the employer's concerns. These modifications included clarifying the scope of certain provisions and allowing for greater flexibility in the workplace. The Commission's decision underscores the importance of balancing the interests of both employers and employees in the collective bargaining process.

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