DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6664)

OZRISE (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2018

Application for approval of the Ozrise (NSW) Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ozrise (NSW) Pty Ltd / 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 16 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement entered into with Ozrise (NSW) Pty Ltd for the period 2017 to 2018. The CFMEU, as a registered organisation, sought the Commission's approval of the agreement under the Fair Work Act 2009. Ozrise (NSW) Pty Ltd, an employer in the construction industry, had engaged in negotiations with the CFMEU to establish terms and conditions for its employees.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. This included assessing whether the agreement met the criteria for "modern awards" as defined in the Act, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to determine if the agreement was consistent with the principles of good faith bargaining and if it provided adequate protection for employees.

The Commission found that the collective agreement contained provisions that were not in accordance with the modern awards and did not provide for fair and reasonable terms and conditions of employment. The agreement included certain clauses that were deemed to be outside the scope of what could be negotiated in a collective agreement under the Act. The Commission also found that the agreement did not sufficiently protect employees in terms of overtime provisions and other employment conditions. Consequently, the Commission did not approve the collective agreement. The Commission provided detailed reasons for its decision, highlighting specific clauses that failed to meet the statutory requirements.

The Commission's decision concluded with clear directives for the parties to amend the agreement to bring it into compliance with the Fair Work Act and Regulations. The CFMEU and Ozrise (NSW) Pty Ltd were instructed to revise the agreement to address the identified deficiencies and resubmit it for approval. The Commission's decision underscored the importance of adhering to legislative standards and the necessity for collective agreements to reflect fair and reasonable terms for all 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