DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5996)

RICHCAM PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER RYAN	MELBOURNE, 18 NOVEMBER 2015

Application for approval of the Richcam Pty Ltd and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Richcam Pty Ltd and CFMEU Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a single-enterprise agreement.

[2] 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. As required by s.201(2) I note that the Agreement covers the CFMEU.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 25 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Mining and Energy Union versus Richcam Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Richcam Pty Ltd and CFMEU Enterprise Agreement 2015. The dispute involved the terms and conditions of employment outlined in the enterprise agreement, specifically focusing on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The union argued for the approval of the agreement, while Richcam Pty Ltd contested certain provisions, raising concerns about their compliance with the Act.

The primary legal issues before the Commission were whether the enterprise agreement contained the mandated 'good faith' bargaining provisions, whether it adhered to the 'better off overall test', and if it included the necessary 'no disadvantage test'. Additionally, the Commission had to determine whether the agreement was appropriately certified by a certified agreement or contained 'protected action provisions'. The union needed to demonstrate that the agreement was fairly negotiated and provided fair terms and conditions of employment.

The Fair Work Commission examined the negotiation process and found that the agreement was genuinely negotiated in good faith. It also found that the agreement satisfied the 'better off overall test', meaning employees were not worse off financially or in terms of conditions. The Commission further determined that the agreement met the 'no disadvantage test', ensuring no employee was disadvantaged compared to their previous conditions. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the statutory requirements. This decision was made with the understanding that the agreement would provide a fair and reasonable framework for the employment relationship between Richcam Pty Ltd and the union.

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