Construction, Forestry, Mining and Energy Union

[2014] FWCA 3673

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1153)

RFC INDUSTRIES PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 JUNE 2014

Application for approval of the RFC Industries Pty Limited - CFMEU EA 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe RFC Industries Pty Limited/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 case involves an application for approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and RFC Industries Pty Limited. The application was brought before the Fair Work Commission (FWC), the body responsible for resolving workplace disputes in Australia. The primary dispute concerns the terms and conditions of employment outlined in the proposed enterprise agreement, which both parties wish to have formally recognised and approved by the FWC.

The central legal issues the FWC had to address were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and if it was fair and reasonable considering the interests of both employees and employers. The FWC needed to ensure the agreement met the criteria for approval under the Act, including whether it contained the necessary minimum terms and conditions, and whether it was free from any discriminatory provisions. Additionally, the FWC examined if the agreement was negotiated in good faith and if it provided for a fair and efficient workplace.

The FWC thoroughly reviewed the agreement, considering submissions from both parties and relevant legal principles. After careful consideration, the FWC determined that the enterprise agreement did not meet the criteria for approval. The FWC found several deficiencies in the agreement, including provisions that did not comply with the minimum terms and conditions set out in the Fair Work Act. Furthermore, the FWC concluded that some of the provisions were not negotiated in good faith and did not adequately protect the interests of the employees. Consequently, the application for approval was rejected.

The FWC's decision concluded that the proposed enterprise agreement was not suitable for approval as it failed to meet the statutory requirements and did not ensure fair terms for all parties involved. The FWC provided detailed reasons for its decision, outlining the specific areas where the agreement fell short. This decision serves as a reminder of the importance of adhering to legal standards and negotiating in good faith when drafting enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established