DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6165)

REDS GLOBAL PERSONNEL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Reds Global Personnel Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Reds Global Personnel Pty Ltd / CFMEU Collective Agreement 2017-2018 (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 29 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Reds Global Personnel Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission (FWC) in Australia. The primary dispute centred around the terms and conditions of employment outlined in the proposed collective agreement, with the CFMEU seeking to have the agreement recognised and approved by the Commission.

The central legal issues that the FWC had to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the necessary standards for approval under the legislation. Specifically, the Commission needed to determine if the agreement was made in good faith and if it provided for a fair and reasonable system of classification and remuneration for employees covered by the agreement.

In its decision, the FWC examined the content of the collective agreement, considering the principles of good faith bargaining and the overall fairness of the terms. The Commission found that the agreement was indeed made in good faith and that it contained provisions that were fair and reasonable. The FWC approved the application, recognising the collective agreement as a valid and binding instrument for the period specified. The Commission's reasoning was grounded in the statutory requirements and the overarching objective of achieving a fair balance between the interests of the employer and the employees.

The final orders of the Commission were to approve the Reds Global Personnel Pty Ltd / CFMEU Collective Agreement 2017-2018, confirming its validity and enforceability. The decision underscored the importance of ensuring that collective agreements meet the legislative standards for approval and that they reflect the principles of good faith and fairness in industrial relations.

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