Construction, Forestry, Mining and Energy Union

[2016] FWCA 1703

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/453)

DARCY ROBINSON T/A ROBRAND PROJECT SUPPORT SERVICES

AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 18 MARCH 2016

Application for approval of the Darcy Robinson T/A Robrand Project Support Services and

CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Darcy Robinson T/A Robrand Project Support Services 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 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.
[2016] FWCA 1703

[4] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will

operate from 25 March 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union, acting as the bargaining representative, applied for the approval of the Darcy Robinson T/A Robrand Project Support Services and CFMEU Union Collective Agreement 2015 - 2019. This application was made under section 185 of the Fair Work Act 2009. The proposed agreement was to cover employees in the building, metal, and civil construction industries. The application was considered by Commissioner Roe in Melbourne on 18 March 2016.

The court was required to determine whether the application met the criteria set out in sections 186, 187, and 188 of the Fair Work Act 2009. The Commissioner was also required to consider whether the group of employees covered by the agreement was fairly chosen and whether the union had given notice of its intention to be covered by the agreement as required by section 183 of the Act. The Commissioner also needed to confirm that the agreement covered the union organisation in accordance with section 201(2) of the Act.

The Commissioner was satisfied that the application met all the requirements of the relevant sections of the Fair Work Act. The agreement did not cover all employees of the employer, but the Commissioner was satisfied that the group of employees was fairly chosen, taking into account the factors in section 186(3) and (3A) of the Act. The union had given notice under section 183 of the Act that it wanted the agreement to cover it, and the agreement did cover the union organisation in accordance with section 201(2) of the Act. The Commissioner approved the agreement on 18 March 2016, and it will operate from 25 March 2016 with a nominal expiry date of 2 July 2019.

The Commissioner approved the Darcy Robinson T/A Robrand Project Support Services and CFMEU Union Collective Agreement 2015 - 2019. The agreement will operate from 25 March 2016 and will expire on 2 July 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established