Construction, Forestry, Mining and Energy Union

[2013] FWCA 8224

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9762)

RS SERVICES NSW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 23 OCTOBER 2013

Application for approval of the RS Services NSW Pty Ltd/ CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the RS Services NSW Pty Ltd/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 30 October 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the RS Services NSW Pty Ltd/CFMEU Collective Agreement 2013-2014. The application was heard by the Fair Work Commission. The dispute centred around whether the agreement was made in good faith and if it met the requirements of the Fair Work Act 2009. The CFMEU argued that the agreement was made in good faith and that it complied with the relevant provisions of the Act. RS Services NSW Pty Ltd, on the other hand, contended that the agreement did not meet the criteria for good faith bargaining and did not comply with the Act.

The Commission had to determine whether the agreement was made in good faith, whether it complied with the provisions of the Act, and if it was in the best interests of the employees. The Commission considered the bargaining conduct of both parties, the content of the agreement, and its implications for the employees. The Commission found that the agreement was made in good faith, as both parties engaged in meaningful discussions and negotiations. The Commission also found that the agreement complied with the requirements of the Act and was in the best interests of the employees.

The Fair Work Commission approved the RS Services NSW Pty Ltd/CFMEU Collective Agreement 2013-2014. The Commission determined that the agreement was made in good faith, complied with the Act, and was in the best interests of the employees. The approval of the agreement will provide certainty and stability to the employees and the employer, and will govern their relationship for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established