Avopiling Management (NSW) Pty Ltd

[2022] FWCA 2357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Avopiling Management (NSW) Pty Ltd

(AG2022/2347)

Avopiling Management (NSW) Pty Ltd/ CFMEU Collective Agreement 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JULY 2022

Application for approval of the Avopiling Management (NSW) Pty Ltd/ CFMEU Collective Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Avopiling Management (NSW) Pty Ltd/ CFMEU Collective Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Avopiling Management (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Avopiling Management (NSW) Pty Ltd sought approval of a collective agreement with the CFMEU for the period 2021 to 2024. The Fair Work Commission (FWC) was tasked with determining whether the agreement was in the public interest. The applicants argued that the agreement was fair and reasonable, while the objectors raised concerns about the fairness and potential adverse economic impact of certain provisions. The FWC had to decide whether to approve the agreement and, if so, whether to impose any modifications.

The legal issues before the FWC were whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it was in the public interest, fair and reasonable, and whether it complied with the provisions of the Act. The objectors argued that the agreement did not meet these criteria, particularly pointing to certain clauses that they claimed would result in significant economic harm to the business. The applicants, on the other hand, asserted that the agreement was fair and reasonable and did not have the adverse economic effects claimed by the objectors.

The FWC examined the provisions of the agreement and the evidence presented by both parties. It considered the economic impact of the agreement, the bargaining positions of the parties, and the fairness of the terms. The FWC found that, while some provisions were contentious, the overall agreement was fair and reasonable and did not have the adverse economic effects claimed by the objectors. The FWC approved the agreement with minor modifications to address some of the objectors' concerns.

The FWC approved the Avopiling Management (NSW) Pty Ltd/CFMEU Collective Agreement 2021-2024 with the following modifications: [details of modifications]. The FWC determined that the agreement, as modified, was in the public interest and met the requirements under the Fair Work Act 2009. The objectors' concerns were partially addressed, but the FWC concluded that the overall agreement was fair and reasonable and did not have the adverse economic effects claimed. The agreement was thus approved with the specified modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established