DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1760)

RETAILERS CHOICE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2016

Application for approval of the Retailers Choice Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Retailers Choice Pty Ltd and CFMEU Union Collective Agreement 2014 - 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. 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 8 July 2016 and, in accordance with s.54, will operate from 15 July 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between Retailers Choice Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2014-2018. The application was brought before the Fair Work Commission (FWC) and subsequently appealed to the Federal Court of Australia. The central issue before the court was whether the FWC had the jurisdiction to approve the collective agreement given the nature of the employer's operations and whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The court examined whether the employer, Retailers Choice Pty Ltd, was covered by the definition of a multi-enterprise agreement employer under the Fair Work Act. The employer's operations involved multiple entities, which potentially brought them within the scope of multi-enterprise agreements. The court had to determine if the agreement met the criteria for multi-enterprise approval and whether the FWC correctly exercised its jurisdiction. Additionally, the court considered whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act, including whether it provided for proper consultation and whether the terms were fair and reasonable.

The court found that the employer's operations did indeed fit the definition of a multi-enterprise agreement employer, thereby giving the FWC jurisdiction to approve the agreement. It was further determined that the FWC had correctly exercised its jurisdiction and that the agreement complied with both procedural and substantive requirements. The court upheld the approval of the collective agreement, noting that all parties had been properly consulted and that the terms of the agreement were fair and reasonable.

The final orders of the court confirmed the approval of the Retailers Choice Pty Ltd and CFMEU Union Collective Agreement 2014-2018, thereby allowing the agreement to proceed as intended.

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