DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch
(AG2016/7579)

ROSEVILLE CONSTRUCTION SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the Roseville Construction Services Pty Ltd / CFMEU Collective Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Roseville Construction Services Pty Ltd / CFMEU Collective Agreement 2016-2019 (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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch, for the approval of the collective agreement between the union and Roseville Construction Services Pty Ltd for the period 2016-2019. The matter was heard by the Fair Work Commission, with Deputy President S. C. Bennett presiding. The union sought approval of the collective agreement under section 234 of the Fair Work Act 2009, which allows for the approval of agreements that provide for terms and conditions of employment that are better than the relevant award or modern award.

The key legal issue before the Commission was whether the terms and conditions of employment in the collective agreement were better than those provided for in the relevant award. The union argued that the agreement provided for better terms and conditions, including provisions for employee entitlements, dispute resolution mechanisms, and other employment benefits. The employer, Roseville Construction Services Pty Ltd, contended that the agreement did not provide for better terms and conditions of employment.

In delivering the decision, Deputy President Bennett found that the collective agreement did provide for better terms and conditions of employment than those provided for in the relevant award. The agreement included provisions for additional leave entitlements, early shift termination entitlements, and a dispute resolution mechanism that provided for binding arbitration. The Commission concluded that the agreement provided for better terms and conditions of employment and approved the agreement under section 234 of the Fair Work Act. The final orders of the Commission included the approval of the collective agreement, with the approval to take effect from 1 May 2016.

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