DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10204)

REDIFORM CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the Rediform Contractors Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Rediform Contractors Pty Ltd / CFMEU Collective 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 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 matter before the Fair Work Commission was an application by Rediform Contractors Pty Ltd for the approval of a collective agreement made with the Construction, Forestry, Mining and Energy Union (CFMEU). The union sought to have the agreement approved as a modern award, which would have the effect of binding all employees within the scope of the agreement, irrespective of whether they were union members. The dispute centred on whether the agreement complied with the relevant legislative framework and whether it provided for appropriate mechanisms for dispute resolution.

The key legal issues before the Commission were whether the collective agreement contained provisions that were contrary to public policy, whether it provided for adequate dispute resolution mechanisms, and whether it met the requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement was consistent with the broader objectives of the Act, including the protection of employees' rights and the promotion of harmonious workplace relations.

In reaching its decision, the Commission found that the collective agreement was consistent with the Fair Work Act and did not contain provisions that were contrary to public policy. The agreement provided for a comprehensive system of dispute resolution, including the establishment of a joint committee to resolve disputes at the workplace level, and the right to escalate disputes to the Fair Work Commission if necessary. The Commission also noted that the agreement contained provisions for the protection of employees' rights, including provisions for minimum wages and conditions, and the right to be free from discrimination and harassment. Based on these findings, the Commission approved the collective agreement as a modern award.

The Commission's decision was significant in that it provided clarity on the requirements for the approval of collective agreements as modern awards. The decision also highlighted the importance of effective dispute resolution mechanisms in promoting harmonious workplace relations and protecting employees' rights. The approval of the agreement as a modern award meant that all employees within the scope of the agreement were bound by its terms, regardless of whether they were union members. This had the potential to promote greater consistency in workplace practices and reduce the risk of disputes arising between employers and employees.

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