DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7037)

RICHARD CROOKES CONSTRUCTION PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2016

Application for approval of the Richard Crookes Construction Pty. Limited / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Richard Crookes Construction Pty. Limited / CFMEU Collective Agreement 2015-2017 (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 13 January 2016 and, in accordance with s.54, will operate from 20 January 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, the Fair Work Commission received an application for approval of the Richard Crookes Construction Pty. Limited / CFMEU Collective Agreement 2015-2017. The applicant, Richard Crookes Construction, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration under the Act, including whether it promoted high wages and conditions and provided a mechanism for the resolution of disputes.

The key legal issues before the Commission were whether the agreement was made in accordance with the principles of freedom of association, whether it met the criteria for registration as a registered agreement, and whether it contained any provisions that would be contrary to public policy. The Commission needed to determine whether the agreement provided for a fair and reasonable resolution of disputes and whether it promoted high wages and conditions. The Commission also had to consider whether the agreement contained any provisions that were contrary to public policy or that would have an adverse effect on the Australian economy.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement met the criteria for registration. The Commission noted that the agreement provided for a fair and reasonable resolution of disputes and promoted high wages and conditions. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse effect on the Australian economy. The Commission approved the agreement and registered it under the Fair Work Act 2009. The decision provides guidance to employers and unions on the requirements for a registered agreement and the considerations that the Commission will take into account when assessing an application for approval.

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