DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch
(AG2016/7401)

RENWARDS CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Renwards Constructions Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Renwards Constructions Pty Ltd / CFMEU Collective Agreement 2016-2017 (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 21 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Renwards Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch. The dispute centred around the terms of the proposed agreement for the period 2016-2017, with particular attention to wage rates, employment conditions, and other provisions that would govern the employment relationship between the employer and the union members. The Fair Work Commission, with its jurisdiction under the Fair Work Act 2009, was tasked with reviewing the agreement to ensure it met the legal standards and did not contain any unfair provisions.

The central legal issues before the Commission were whether the agreement contained any terms that were contrary to public policy or otherwise unlawful, and whether it provided a fair and reasonable framework for the employment relationship. Specific scrutiny was given to the wage rates, the classification of work, and the dispute resolution mechanisms outlined in the agreement. The Commission also needed to consider whether the agreement adequately protected the rights of employees and whether it aligned with broader economic and social policies.

In its decision, the Commission carefully examined each clause of the agreement, balancing the rights and interests of both the employer and the employees. The Commission found that the proposed agreement was generally fair and reasonable, with the wage rates and employment conditions being appropriate for the industry. The Commission did, however, make several modifications to certain clauses to ensure they did not unfairly disadvantage either party and to align them with broader economic and social policies. Ultimately, the Commission approved the agreement with these modifications, ensuring that it met all legal requirements and provided a balanced framework for the employment relationship.

The final orders of the Commission included the approval of the collective agreement with the specified modifications, which addressed the concerns raised during the review process. The Commission's decision ensured that the agreement would operate within the legal framework, protecting the rights of both employers and employees while promoting fair and reasonable employment practices.

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established