Construction, Forestry, Mining and Energy Union

[2014] FWCA 5919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8737)

RAW RECRUITMENT P/L AND THE CFMEU INDIGENOUS INDUSTRY ENTRANT & TRAINING ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 AUGUST 2014

Application for approval of the Raw Recruitment P/L and the CFMEU Indigenous Industry Entrant & Training Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Raw Recruitment P/L and the CFMEU Indigenous Industry Entrant & Training Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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, will operate from 4 September 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Raw Recruitment P/L and the Construction, Forestry, Mining and Energy Union Indigenous Industry Entrant & Training Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission, with Commissioner Harper delivering the judgment. The legal issue at hand was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the question was whether the agreement complied with the good faith bargaining requirement and the process outlined in the Act.

The Fair Work Commission examined whether the agreement was made in good faith, taking into consideration the nature of the bargaining, the parties' conduct, and the context in which the agreement was formed. The Commission also assessed if the agreement-making process adhered to the statutory requirements, including the provision of necessary information to the parties and the opportunity for meaningful consultation. After careful consideration of the evidence and arguments presented by both parties, the Commission found that the agreement was made in good faith and followed the necessary process as outlined in the Act. Therefore, the application for approval was granted.

In reaching its decision, the Fair Work Commission emphasised the importance of good faith bargaining and the adherence to the statutory process in the formation of enterprise agreements. The Commission noted that the agreement in question demonstrated a genuine effort by both parties to reach a fair and reasonable outcome. Additionally, the Commission highlighted that the process followed in this case was in line with the requirements of the Act, ensuring that both parties had the opportunity to be adequately informed and to participate meaningfully in the bargaining process. Consequently, the Commission approved the Raw Recruitment P/L and the CFMEU Indigenous Industry Entrant & Training Enterprise Agreement 2011-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established