Construction, Forestry, Mining and Energy Union

[2013] FWCA 7739

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9643)

RILSUNG PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 4 OCTOBER 2013

Application for approval of the Rilsung Pty Limited / CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Rilsung Pty Limited/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 11 October 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Rilsung Pty Limited. The dispute centred on the approval of a collective agreement between the two parties for the years 2013 to 2014. The matter was brought before the Fair Work Commission in Australia. The legal issues before the Commission were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being registered and approved by the Commission. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and whether it complied with the good faith bargaining obligations.

The Commission examined the agreement in detail, considering the provisions relating to wages, conditions, and dispute resolution. The CFMEU argued that the agreement was fair and reasonable, while Rilsung Pty Limited contended that certain provisions were not in the best interests of the employees or the company. The Commission took into account the evidence presented by both parties and the principles of good faith bargaining and the best interests of employees. After careful consideration, the Commission found that the agreement complied with the relevant provisions of the Act and met the requirements for registration and approval. The Commission also found that the agreement was in the best interests of the employees and that it was a product of good faith bargaining.

The Fair Work Commission approved the Rilsung Pty Limited / CFMEU Collective Agreement 2013-2014. The decision was based on the Commission's determination that the agreement complied with the Fair Work Act 2009, met the requirements for registration and approval, and was in the best interests of the employees. The Commission also found that the agreement was a product of good faith bargaining between the parties. This decision provides clarity on the requirements for approving collective agreements and the importance of considering the best interests of employees in the bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established