DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5375)

RENDERWORKS AUSTRALIA PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the RENDERWORKS AUSTRALIA PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RENDERWORKS AUSTRALIA PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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.

[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 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the Renderworks Australia Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute centred around whether the enterprise agreement contained proper provisions for the protection of employees' wages, entitlements, and conditions of employment. The agreement, which covered employees in the building and construction industry, aimed to standardise terms and conditions across the sector.

The central legal issues before the Commission were whether the agreement provided adequate protection for employees' wages and conditions, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to assess whether the agreement met the requirements for "better off overall" and "no detriment" to employees, and whether it adhered to the procedural fairness standards set out in the Fair Work Act. Furthermore, the Commission had to determine whether the agreement appropriately addressed issues such as penalty rates, overtime, and leave provisions.

The Fair Work Commission, after thorough consideration, found that the agreement did not fully comply with the statutory requirements for protection of employees' wages and conditions. The Commission identified several deficiencies, including inadequate provisions for penalty rates and overtime, which did not ensure that employees were better off overall. Additionally, the agreement failed to adequately address certain leave entitlements, resulting in potential detriment to employees. Consequently, the Commission did not grant approval to the agreement.

The Fair Work Commission determined that the agreement did not meet the necessary standards for protection of employees' wages, entitlements, and conditions. As a result, the application for approval of the agreement was dismissed. The Commission's decision underscored the importance of ensuring that enterprise agreements provide fair and adequate protections for employees, and highlighted the need for continued scrutiny of agreements to uphold the principles of procedural fairness and employee protection.

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