DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3516)

RAW RECRUITMENT/CFMEU COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

Application for approval of the RAW Recruitment/CFMEU Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RAW Recruitment/CFMEU Collective Agreement 2016 (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 was approved on 16 June 2016 and, in accordance with s.54, will operate from 23 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the RAW Recruitment/CFMEU Collective Agreement 2016, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval from the Fair Work Commission (FWC). The dispute arose as the parties could not reach an agreement on certain terms of the proposed collective agreement, particularly those relating to the employment conditions and rights of workers. The matter was brought before the FWC for resolution and approval.

The central legal issues that the FWC was required to address were whether the terms of the proposed collective agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The FW Act sets out the framework for the approval of collective agreements, which must meet certain criteria to be considered fair and reasonable. These include ensuring that the agreement does not undermine the rights of employees and that it promotes harmonious, productive and cooperative workplace relations.

The FWC considered the arguments and evidence presented by both parties and examined the terms of the proposed collective agreement. The FWC found that the agreement was fair and reasonable and complied with the relevant provisions of the FWA. The FWC took into account the nature of the industry, the bargaining positions of the parties, and the need to balance the rights and interests of both employees and employers. The FWC also noted that the agreement provided for a fair and equitable distribution of benefits and obligations between the parties, and that it promoted harmonious, productive and cooperative workplace relations.

The FWC approved the RAW Recruitment/CFMEU Collective Agreement 2016, subject to certain conditions and modifications to ensure compliance with the FWA. The decision provides guidance on the factors that the FWC will consider when assessing the fairness and reasonableness of a proposed collective agreement, and it reinforces the importance of promoting harmonious, productive and cooperative workplace relations in the resolution of industrial disputes.

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