DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1628)

RAWURBAN CONSTRUCTION AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 MAY 2017

Application for approval of the RawUrban Construction and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the RawUrban Construction and CFMEU (WA) Enterprise Agreement 2016-2020 (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.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 May 2017 and, in accordance with s.54, will operate from 26 May 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the RawUrban Construction and CFMEU (WA) Enterprise Agreement 2016-2020. The parties to the agreement were the RawUrban Construction Group, represented by its directors, and the Construction, Forestry, Mining and Energy Union (WA Branch). The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The central legal issues the court addressed were whether the enterprise agreement was sufficiently free from any improper influence or coercion, and if it complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement was made genuinely and voluntarily by the parties and if it covered all the necessary terms and conditions of employment as required by law.

In reaching its decision, the court examined the evidence provided by both parties regarding the negotiation process and the terms of the agreement. The court found that the agreement was the result of genuine and voluntary negotiations between the parties. The court also determined that the agreement met all the statutory requirements and was procedurally valid. The terms of the agreement were found to be fair and reasonable, providing adequate protections for both employers and employees. The court approved the enterprise agreement, confirming that it complied with all legal standards and was in the best interests of the parties involved.

The court's final orders were to approve the RawUrban Construction and CFMEU (WA) Enterprise Agreement 2016-2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the parties for the specified period.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established