DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4433)

ROCK FORM CONSTRUCTION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2015

Application for approval of the Rock Form Construction Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rock Form Construction Pty Ltd / 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 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 is approved and, in accordance with s.54 of the Act, will operate from 4 September 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 parties in this case were Rock Form Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose from an application for the approval of a collective agreement between the two parties, covering the years 2015 to 2017. The matter was heard in the Fair Work Commission, an independent statutory body with the authority to resolve workplace disputes and approve such agreements.

The primary legal issue before the court was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the requirements for good faith bargaining and the fairness of the agreement's terms and conditions. The court had to consider if the agreement demonstrated sufficient evidence of genuine negotiations and if it was fair and reasonable in all its aspects.

The Fair Work Commission found that the agreement did indeed reflect the outcome of genuine negotiations between the parties. The evidence presented indicated that both sides had engaged in discussions with a view towards reaching a mutually acceptable outcome. Furthermore, the court determined that the terms of the agreement were fair and reasonable, taking into account the nature of the industry, the economic climate, and the bargaining positions of the parties. Consequently, the court approved the collective agreement.

In its decision, the Fair Work Commission ordered the approval of the Rock Form Construction Pty Ltd / CFMEU Collective Agreement 2015 - 2017, recognising it as a lawful and binding agreement between the parties. The approval was granted on the basis that the agreement was the product of genuine negotiations and that its terms and conditions were fair and reasonable.

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