DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/171)

COURTLY REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 MARCH 2015

Application for approval of the Courtly Reo Pty Ltd / CFMEU Collective Agreement 2015- 2017.

[1] An application has been made for approval of an enterprise agreement known asthe
Courtly Reo 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 the Construction, Forestry, Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a collective agreement between the CFMEU and Courtly Reo Pty Ltd. The application was heard in the Fair Work Commission, the body responsible for regulating industrial relations in Australia. The dispute centred on the terms and conditions of employment contained within the proposed collective agreement, and whether these terms complied with relevant industrial and legislative requirements.

The legal issues before the Commission included whether the proposed agreement was a genuine enterprise agreement, if the bargaining process was conducted in good faith, and if the agreement met the requirements of the Fair Work Act 2009. The Commission also needed to consider whether the agreement provided for a fair and reasonable terms of employment for employees covered by the agreement, and if it complied with the provisions of the Fair Work Act.

The Commission found that the proposed agreement was a genuine enterprise agreement, and that the bargaining process had been conducted in good faith. The Commission also found that the agreement provided for fair and reasonable terms of employment for employees covered by the agreement, and that it complied with the requirements of the Fair Work Act. The Commission approved the application for the collective agreement to be registered.

The Fair Work Commission approved the application for the Courtly Reo Pty Ltd / CFMEU Collective Agreement 2015-2017 to be registered. The Commission found that the agreement was a genuine enterprise agreement, that the bargaining process was conducted in good faith, and that the agreement provided for fair and reasonable terms of employment for employees covered by the agreement. The Commission's decision provides clarity for employers and employees in relation to the terms of employment contained within 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