Construction, Forestry, Mining and Energy Union; REO HS Pty Ltd Summary

[2014] FWCA 3358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union; REO HS Pty Ltd
(AG2014/1016)

REO HS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 MAY 2014

Application for approval of the Reo HS Pty Ltd/CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Reo HS Pty Ltd/CFMEU Collective Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and REO HS Pty Ltd. The dispute was centred around the application for approval of the REO HS Pty Ltd/CFMEU Collective Agreement 2014-2017. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The CFMEU sought approval of the agreement, which outlined the terms and conditions of employment for workers at REO HS Pty Ltd. The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, particularly in relation to the provisions that covered pay rates, conditions of employment, and dispute resolution mechanisms.

The Commission examined the provisions of the agreement to determine if they met the requirements of the Fair Work Act. The CFMEU argued that the agreement was in the best interests of the employees, while REO HS Pty Ltd contended that certain clauses were unfair and not in line with the legislation. The Fair Work Commission considered the fairness of the agreement and whether it provided for a safety net of minimum entitlements, while also ensuring that it did not undermine the ability of employers and employees to make their own agreements. After thorough deliberation, the Commission determined that the agreement did not adequately address the safety net of minimum entitlements as required by the Fair Work Act.

Consequently, the Fair Work Commission rejected the application for approval of the REO HS Pty Ltd/CFMEU Collective Agreement 2014-2017. The Commission found that the agreement did not sufficiently provide for the minimum entitlements of employees, and therefore did not meet the legislative requirements for approval. The decision highlights the importance of collective agreements aligning with the Fair Work Act to ensure that employees are provided with adequate protections and entitlements.

Construction, Forestry, Mining and Energy Union; REO HS Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established