DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/372)

RAWURBAN CONSTRUCTIONS AND CFMEU (WA) ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 MAY 2015

Application for approval of the RawUrban Constructions and CFMEU (WA) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the RawUrban Constructions and CFMEU (WA) Enterprise Agreement 2014-2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 May 2015 and, in accordance with s.54, will operate from 13 May 2015. The nominal expiry date of the Agreement is 30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application for approval of an enterprise agreement between RawUrban Constructions and the Construction, Forestry, Mining and Energy Union (WA). The dispute was heard by the Fair Work Commission, a specialist tribunal in Australia with jurisdiction over employment law matters. The union sought approval for the proposed agreement, which outlined terms and conditions of employment for workers in the construction industry in Western Australia, for the period 2014 to 2017.

The primary legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for being a "single interest" employer agreement, including whether it was fairly and genuinely negotiated, free from coercion and undue influence, and met the "better off overall test." The union argued that the agreement was in the best interests of the employees, while RawUrban Constructions contended that certain provisions did not meet the legislative standards.

The Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the agreement was fairly and genuinely negotiated and free from coercion and undue influence. It also concluded that the agreement met the "better off overall test," as the employees would be better off with the agreement in place than without it. The Commission approved the enterprise agreement, determining that it complied with the statutory requirements and was in the best interests of the employees.

Consequently, the Fair Work Commission granted the union's application for approval of the RawUrban Constructions and CFMEU (WA) Enterprise Agreement 2014-2017. This decision provided certainty for the parties and ensured that the agreement could be implemented to govern the employment conditions of the workers in the specified industry for the designated period.

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