DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6273)

REDS GLOBAL (NSW) 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 (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Reds Global (NSW) 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 matter before the Fair Work Commission was an application for the approval of a proposed collective agreement between Reds Global (NSW) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU sought to have the agreement approved under the Fair Work Act 2009, which provides mechanisms for the creation of workplace agreements that offer better terms and conditions than those provided by the National Employment Standards or applicable awards.

The central legal issues that the Commission had to resolve involved whether the proposed agreement complied with the procedural requirements of the Fair Work Act, and whether the agreement's terms were consistent with the provisions of the Act, particularly those relating to the avoidance of undue hardship to employers and the protection of employees' rights. The Commission also needed to consider whether the agreement was in the best interests of the employees covered by it and did not undermine the operation of the safety net provided by the Act.

In evaluating the application, the Fair Work Commission examined the negotiation process and the content of the proposed agreement. It found that the negotiation process was procedurally sound, with the union and the employer engaging in genuine discussions. The Commission also determined that the terms of the agreement did not impose undue hardship on the employer and were not detrimental to the employees' rights. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees and did not undermine the safety net provisions of the Fair Work Act. Consequently, the Commission approved the proposed agreement, finding it to be fair and reasonable in all the circumstances.

The final orders of the Fair Work Commission were that the Reds Global (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018 be approved under section 176 of the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to apply to all employees of Reds Global (NSW) Pty Ltd who were members of the CFMEU, and it was to remain in force for the period specified in the agreement.

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