Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 2994

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/1845)

Rosehill Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 2 JUNE 2017

Application for approval of the Rosehill Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

An application has been made for approval of an enterprise agreement known as the Rosehill Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Construction, Forestry, Mining and Energy Union applied for the approval of the Rosehill Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The application was brought before the Fair Work Commission, which is the body responsible for approving enterprise agreements in Australia. The primary dispute centred around whether the proposed agreement met all the necessary requirements under the Fair Work Act 2009, particularly regarding the procedural fairness and the agreement's compliance with minimum standards.

The legal issues before the Commission involved verifying the procedural fairness of the bargaining process, ensuring that the agreement complied with the minimum entitlements specified in the Act, and confirming that the agreement was genuinely negotiated. The Commission had to scrutinise the process through which the agreement was reached, ensuring that all mandatory bargaining requirements were fulfilled and that the agreement did not disadvantage employees in terms of their wages and conditions.

The Fair Work Commission found that the bargaining process adhered to the legal requirements and that the agreement was genuinely negotiated between the parties. The Commission also confirmed that the agreement did not disadvantage employees and complied with the minimum standards set out in the Act. Consequently, the Commission approved the Enterprise Agreement, acknowledging that it was fair and reasonable, and met all statutory requirements.

The final orders included the approval of the Rosehill Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, effective from the date of the Commission's decision. This approval signifies that the agreement is now legally binding on the parties involved, setting the terms and conditions of employment for the specified period.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established