DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5236)

RON HUDD BUILDING SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 OCTOBER 2015

Application for approval of the Ron Hudd Building Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ron Hudd Building Services Pty Ltd 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 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 15 October 2015 and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of the Ron Hudd Building Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 in the Fair Work Commission. The agreement in question related to a multi-employer bargaining arrangement under the Fair Work Act 2009. The primary dispute was whether the agreement met the necessary requirements for approval under the Act, specifically focusing on whether it complied with the good faith bargaining provisions and the procedural fairness obligations.

The key legal issues before the Commission were whether the union had genuinely attempted to negotiate in good faith and whether the employer had been given a fair opportunity to respond to the union's proposals. The Commission also considered whether the agreement provided appropriate mechanisms for resolving disputes and whether it was consistent with the broader objectives of the Fair Work Act, including promoting harmonious, productive and cooperative workplace relations.

In its decision, the Fair Work Commission found that the union had indeed engaged in genuine good faith bargaining. The union's efforts to negotiate and communicate with the employer were deemed appropriate and sufficient to meet the requirements of the Act. The Commission also found that the employer had been afforded a fair opportunity to respond to the union's proposals, and that the agreement included adequate mechanisms for resolving disputes. Consequently, the Commission approved the collective agreement, determining that it complied with all necessary legal standards and was in the interests of promoting cooperative workplace relations.

The Commission's final orders were that the Ron Hudd Building Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 be approved as a certified agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and the parties were directed to 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