Construction, Forestry, Mining and Energy Union

[2013] FWCA 5478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7831)

RTMT AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 7 AUGUST 2013

Application for approval of the RTMT Australia Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the RTMT Australia Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. 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 they want the Agreement to cover them. 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 14 August 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union and RTMT Australia Pty Ltd, concerning the approval of a collective agreement for the period 2013 to 2016. The union applied for the agreement to be approved, asserting that it provided fair and reasonable terms and conditions for the employees covered by the agreement. RTMT Australia Pty Ltd opposed the application, raising concerns about the fairness and reasonableness of certain provisions within the agreement.

The primary legal issues before the Commission were whether the collective agreement contained terms and conditions that were fair and reasonable in all respects. The Commission had to assess the provisions of the agreement against the statutory criteria set out in the Fair Work Act 2009, which require that the terms and conditions of the agreement be fair and reasonable in all respects, having regard to the matters in section 235(1) of the Act. These matters include the nature of the industry, the size and resources of the employer and the employees, and any other matters the Commission considers relevant.

The Commission examined the submissions and evidence provided by both parties and conducted a thorough analysis of the terms and conditions contained within the agreement. The Commission concluded that the agreement, while generally fair and reasonable, contained certain provisions that did not meet the statutory criteria. The Commission varied some provisions to address the identified issues and approved the agreement as amended. The Commission found that the amended agreement met the statutory criteria and was fair and reasonable in all respects.

As a result of the Commission's decision, the RTMT Australia Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016 was approved with the varied provisions. The final orders included the approval of the agreement subject to the variations made by the Commission, ensuring that the terms and conditions were fair and reasonable for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established