DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1239)

RICHARDSON INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 MAY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Richardson Installations 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 the 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 25 May 2016 and, in accordance with s.54, will operate from 1 June 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

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Richardson Installations Pty Ltd, covering the period 2015-2019. The matter was brought before the Fair Work Commission (FWC) as part of the formal process required to certify such agreements. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly concerning the terms and conditions of employment, and if it was appropriately negotiated and in the best interests of the employees.

The Commission had to consider whether the agreement met the statutory requirements for approval, including its alignment with the Fair Work Act's objectives, and whether it was a genuine bargain between the parties. The FWC examined the negotiation process, the content of the agreement, and its implications for the employees, ensuring it did not undermine the principles of fairness and equity. The CFMEU argued that the agreement was a fair reflection of the parties' bargaining efforts and in the best interests of the employees, while Richardson Installations Pty Ltd contended that certain provisions did not align with the statutory requirements.

The Commission concluded that the agreement was a genuine bargain that complied with the Fair Work Act's requirements. The negotiation process was deemed fair and the terms and conditions were considered equitable for the employees. The FWC found that the agreement did not undermine the principles of fairness and equity and approved the collective agreement. Consequently, the agreement was certified under the Fair Work Act.

The Fair Work Commission approved the Richardson Installations Pty Ltd and CFMEU Union Collective Agreement 2015-2019, certifying it as meeting the requirements of the Fair Work Act. This decision ensures that the terms and conditions of employment are fair and equitable, reflecting the genuine efforts of both parties in the negotiation 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