DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Backam Group Pty Ltd T/A Anderson Workforce
(AG2020/3344)

BACKHAM GROUP PTY LTD T-AS ANDERSON WORKFORCE / CFMEU COLLECTIVE LABOUR HIRE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 NOVEMBER 2020

Application for approval of the Backham Group Pty Ltd t-as Anderson Workforce / CFMEU Collective Labour Hire Agreement 2019-2022.

[1] An application has been made for approval of a greenfields enterprise agreement to be known as the Backham Group Pty Ltd t-as Anderson Workforce / CFMEU Collective Labour Hire Agreement 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Backam Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 25 November 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General Onsite Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am 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.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Backham Group Pty Ltd trading as Anderson Workforce, sought approval from the Fair Work Commission for the CFMEU Collective Labour Hire Agreement 2019-2022. The dispute arose between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) concerning the terms and conditions of labour hire agreements within the construction industry. The case was heard by the Fair Work Commission, which is the primary workplace relations tribunal in Australia, responsible for resolving disputes and making orders concerning unfair dismissals, unfair contracts, and other employment-related matters.

The key legal issues the Commission had to address were whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the statutory requirements for a lawful and fair agreement. Specifically, the Commission needed to determine if the agreement provided adequate protections for employees, including minimum wages and conditions, and if it adhered to the principles of genuine collective bargaining. The Commission also needed to assess if the agreement was in the best interests of the employees it covered.

After reviewing the submissions and evidence from both parties, the Commission found that the proposed agreement was generally in compliance with the Fair Work Act. The Commission noted that the agreement included provisions for minimum wages and conditions that were at least equal to, if not better than, those provided by the relevant modern awards. The Commission also determined that the agreement had been negotiated in good faith and reflected the interests of both employers and employees. Consequently, the Commission approved the CFMEU Collective Labour Hire Agreement 2019-2022, finding it to be a lawful and fair agreement. The decision was made in the interest of maintaining industrial harmony and ensuring that employees were adequately protected under the terms of the agreement.

Backam Group Pty Ltd T/A Anderson Workforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established