DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/593)

RICHARD CROOKES CONSTRUCTION PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 MARCH 2018

Application for approval of the Richard Crookes Construction Pty. Limited / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Richard Crookes Construction Pty. Limited / CFMEU Collective Agreement 2017-2018 (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.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from m. The nominal expiry date of the Agreement is m.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and Richard Crookes Construction Pty. Limited (RCC) engaged in proceedings regarding the approval of a collective agreement for the period 2017-2018. The dispute centred on the terms and conditions of employment and the specific provisions that were contested by the union. The Commission was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the collective agreement met the necessary criteria for approval and if it complied with the provisions of the Fair Work Act. The CFMEU argued that certain provisions within the agreement were not in line with the principles of good faith bargaining or were otherwise unfair. Conversely, RCC contended that the agreement was a fair and reasonable outcome of the bargaining process, and all terms were negotiated in good faith.

The Commission examined the negotiation process, the specific terms of the agreement, and the obligations under the Fair Work Act. It was noted that the agreement was the result of extensive negotiations between the parties, and while some provisions were contentious, they did not contravene the Act or the principles of good faith bargaining. The Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of both parties. Consequently, the Commission approved the collective agreement and ordered its registration.

The final orders included the approval and registration of the Richard Crookes Construction Pty. Limited / CFMEU Collective Agreement 2017-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the specified period, subject to any further negotiations or amendments as permitted by law.

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