DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/405)

R & J FITOUTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 MARCH 2018

Application for approval of the R & J Fitouts Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the R & J Fitouts Pty Ltd / CFMEU Collective Agreement 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] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were R & J Fitouts Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the approval of a collective agreement between the two parties, specifically the R & J Fitouts Pty Ltd / CFMEU Collective Agreement 2018. The matter was heard in the Fair Work Commission, an Australian federal statutory body with responsibility for the resolution of workplace disputes.

The primary legal issue before the Commission was whether the collective agreement in question complied with the requirements of the Fair Work Act 2009. This involved an examination of whether the agreement was a "good faith" agreement, whether it was made in accordance with the relevant provisions of the Act, and whether it met the criteria for approval under the Act. The Commission had to consider the content of the agreement, the manner in which it was made, and whether it provided for the fair and reasonable resolution of workplace issues.

In delivering its decision, the Commission found that the agreement was made in good faith and in accordance with the Act. It noted that the parties had engaged in a process of negotiation that was transparent and inclusive, and that the agreement contained provisions that were fair and reasonable in all the circumstances. The Commission also found that the agreement met the criteria for approval under the Act, including that it provided for the fair and reasonable resolution of workplace issues and did not have the effect of undermining the operation of the Act. Accordingly, the Commission approved the collective agreement.

The Commission's decision was based on a detailed analysis of the evidence and arguments presented by both parties. It considered the content of the agreement, the process by which it was made, and the broader context in which it was negotiated. The Commission's approval of the agreement provides certainty for both the parties and their employees, and ensures that the agreement will operate effectively in the workplace.

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