DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1308)

RENDER DESIGN (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 – 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2016

Application for approval of the Render Design (Aust) Pty Ltd / CFMEU Collective Agreement 2016 – 2017.

[1] An application has been made for approval of an enterprise agreement known as the Render Design (Aust) Pty Ltd / CFMEU Collective Agreement 2016 – 2017 (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 9 June 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Render Design (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2016-2017. The dispute centred around the terms and conditions of employment set out in the agreement, with the union seeking to ensure fair and equitable working conditions for its members. The Fair Work Commission was tasked with assessing the agreement to determine whether it met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Act, specifically whether it contained all the necessary terms and conditions of employment, and whether it provided for fair and reasonable terms and conditions. The Commission had to consider whether the agreement met the standards of procedural fairness and whether it provided for the protection of employees' rights and interests. Additionally, the Commission needed to assess whether the agreement complied with the provisions regarding good faith bargaining and whether it was free from any illegality or unfairness.

In delivering its decision, the Commission noted that the agreement contained all the necessary terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions for employees. The Commission also determined that the agreement met the standards of procedural fairness and did not contain any illegality or unfairness. Based on these findings, the Commission approved the agreement, stating that it met the requirements of the Act and provided for the protection of employees' rights and interests.

The Fair Work Commission approved the Render Design (Aust) Pty Ltd / CFMEU Collective Agreement 2016-2017, finding that it met the necessary criteria under the Fair Work Act 2009. The Commission determined that the agreement contained all the required terms and conditions of employment, was negotiated in good faith, and provided for fair and reasonable terms and conditions. The agreement was found to meet the standards of procedural fairness and did not contain any illegality or unfairness. The Commission's decision ensures that employees covered by the agreement are provided with fair and equitable working conditions.

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