DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6766)

COURTLY REO PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2018

Application for approval of the Courtly Reo Pty Limited / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Courtly Reo Pty Limited / 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.

[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 18 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a collective agreement with Courtly Reo Pty Limited. The CFMEU, representing employees, sought to formalise terms of employment and working conditions for a specific period. The application was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over employment matters.

The legal issues at hand centred on whether the collective agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning the negotiation, content, and approval of enterprise agreements. The court had to examine whether the agreement was genuinely negotiated, if it contained the necessary minimum terms, and if the agreement was made in good faith and without coercion. Additionally, the court assessed whether the agreement met the criteria for approval, including its alignment with the public interest and fairness considerations.

In delivering its decision, the court meticulously reviewed the negotiation process and the contents of the agreement. It found that the agreement had been genuinely negotiated between the parties and contained all the mandated minimum terms. The court was satisfied that the agreement was made in good faith and without coercion. Furthermore, the court determined that the agreement was fair and reasonable, meeting the statutory criteria for approval. Consequently, the court approved the collective agreement, acknowledging its compliance with all legal requirements.

The court’s approval of the collective agreement between the CFMEU and Courtly Reo Pty Limited for the 2017-2018 period was based on the comprehensive analysis of the negotiation process, content, and adherence to legal standards. The final orders included the formal recognition and enforcement of the collective agreement as binding on the parties involved.

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