Construction, Forestry, Mining and Energy Union v CSRP Pty Ltd

[2017] FWCFB 2885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.604 - Appeal of decisions

Construction, Forestry, Mining and Energy Union

CSRP Pty Ltd

(C2016/7635)

Vice President Hatcher
deputy president gostencnik
commissioner bissett

SYDNEY, 25 MAY 2017

Application for approval of the CSRP Enterprise Agreement 2016.

Further to our decision in [2017] FWCFB 2101 (Decision), CSRP Pty Ltd (CSRP) has provided a written undertaking to address the concerns that we identified in our Decision that the CSRP Enterprise Agreement 2016 (Agreement) did not meet the requirement set out in s.186(2) of the Fair Work Act 2009 (Act).

The Construction, Forestry, Mining and Energy Union (CFMEU), although not a bargaining representative for the Agreement, was provided with an opportunity to make submissions about the undertaking proposed by the Respondent and subsequently confirmed that it does not oppose the acceptance of the undertaking.

A copy of the undertaking is attached in Annexure A. We are satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the Appeal Book, we are satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 25 May 2017 and, in accordance with s.54, will operate from 1 June 2017. The nominal expiry date of the Agreement is 25 May 2021.

VICE PRESIDENT

Appearances:

Mr R Reitano, Counsel for the CFMEU.

Mr R Dalton, Counsel for CSRP Pty Ltd.

Hearing details:

2017.
Melbourne:
27 February.

Final Submissions on undertaking:

Undertaking provided by the Respondent on 1 May 2017.

Appellant’s Submissions dated 8 May 2017.

Amended undertaking provided by the Respondent on 23 May 2017.

Confirmation of undertaking provided by the Appellant on 24 May 2017.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union versus CSRP Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement. The Construction, Forestry, Mining and Energy Union lodged an application for approval of the CSRP Enterprise Agreement 2016, which had been negotiated between the union and CSRP Pty Ltd. The agreement pertained to the terms and conditions of employment for workers under the construction industry in Australia.

The central legal issue before the Commission was whether the agreement met the requisite standards under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum terms and conditions that were no less favourable than the applicable national safety net. Additionally, the Commission had to assess whether the agreement had been negotiated in good faith and if it contained the necessary certification provisions.

After considering the submissions and evidence from both parties, the Fair Work Commission found that the CSRP Enterprise Agreement 2016 met the necessary criteria for approval. The Commission noted that the agreement provided for terms and conditions that were no less favourable than the national safety net and was negotiated in good faith. The agreement also contained the required certification provisions, which allowed for the agreement to be registered and enforceable. Therefore, the Commission approved the application for the agreement to be registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established