DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6338)

RILSUNG PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 DECEMBER 2015

Application for approval of the Rilsung Pty Limited / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Rilsung 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 (CFMEU). 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 CFMEU 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 10 December 2015 and, in accordance with s.54, will operate from 17 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Rilsung Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of their 2015-2017 collective agreement. The dispute centred on the terms and conditions of employment for employees under the agreement, with specific attention to the fairness and reasonableness of the provisions as required by the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory standards for approval.

The legal issues before the Commission included whether the agreement contained terms that were unfair or unreasonable, whether the agreement was made in good faith, and whether the agreement complied with the statutory requirements for disclosure and consultation with employees. Additionally, the Commission had to consider whether the agreement was necessary for the efficient operation of the workplace and whether it provided for a fair and reasonable method of resolving disputes between the parties.

The Commission found that the agreement was largely fair and reasonable, made in good faith, and complied with the statutory requirements for disclosure and consultation. The Commission noted that while some provisions were challenging, they were not unfair or unreasonable in the context of the industry and the parties' bargaining positions. The Commission was satisfied that the agreement was necessary for the efficient operation of the workplace and provided for a fair and reasonable method of resolving disputes. Accordingly, the Commission approved the agreement, subject to certain modifications to address the concerns raised during the hearing.

The final orders of the Commission were that the 2015-2017 collective agreement between Rilsung Pty Limited and the CFMEU be approved, subject to the modifications made by the Commission. The modifications included changes to certain provisions relating to employee entitlements and dispute resolution mechanisms, aimed at ensuring that the agreement was fair and reasonable for all parties involved. The Commission also ordered that the modified agreement be registered with the Fair Work Commission, and that the parties take all necessary steps to implement the agreement in accordance with its terms.

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