DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CMA Contracting Pty Ltd
(AG2020/623)

CMA CONTRACTING NEW SOUTH WALES EMPLOYMENT AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 APRIL 2020

Application for approval of the CMA Contracting New South Wales Employment Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the CMA Contracting New South Wales Employment Agreement 2020 (‘the Agreement’). The application was made by CMA Contracting Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 15 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507750 PR718240>
Annexure A

CMA Contracting Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant sought to establish terms and conditions of employment for its employees in New South Wales. The primary dispute involved the nature of the proposed agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with examining whether the agreement complied with the relevant provisions of the Act, including provisions regarding the scope of the agreement, the process of its negotiation, and its compliance with the "better off overall test".

The key legal issues before the Commission were whether the proposed agreement was genuinely negotiated and whether it met the criteria set out in the Fair Work Act for a "single interest" enterprise agreement. Additionally, the Commission needed to determine if the agreement provided employees with terms and conditions that were no worse than those provided under the applicable award or modern award, and whether it provided employees with a genuine improvement in their overall terms and conditions of employment. The Commission also considered whether the process of negotiation and the contents of the agreement complied with the procedural requirements set out in the Act.

In its decision, the Fair Work Commission found that the proposed agreement was genuinely negotiated between the applicant and the relevant employee representatives. The Commission determined that the agreement complied with the statutory requirements for a "single interest" enterprise agreement and met the "better off overall test". The Commission was satisfied that the agreement provided employees with terms and conditions that were not worse than those provided under the applicable award or modern award and provided employees with a genuine improvement in their overall terms and conditions of employment. The Commission also found that the process of negotiation and the contents of the agreement complied with the procedural requirements set out in the Act.

The Commission approved the CMA Contracting New South Wales Employment Agreement 2020, effective from 1 July 2020. The approval was made on the basis that the agreement met all the statutory requirements for approval under the Fair Work Act 2009. The applicant and the relevant employee representatives were bound by the terms of the approved agreement, which became the new enterprise agreement for the employees covered by the agreement.

CMA Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established