Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8835)

COLAB BUILD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 DECEMBER 2021

Application for approval of the COLAB BUILD PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the COLAB BUILD PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and COLAB BUILD PTY LTD. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for regulating workplace relations. The CFMEU, representing workers in various industries, sought approval of a proposed agreement that aimed to regulate employment terms and conditions for workers employed by COLAB BUILD PTY LTD. The central dispute revolved around whether the agreement complied with the necessary legal standards and whether it adequately addressed the interests of both the employer and the employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009. This involved scrutinising various provisions within the agreement to determine if they met the requirements for 'simplification', 'flexibility', and 'efficiency', as well as ensuring that they did not undermine the fundamental rights of employees. The Commission also had to assess whether the agreement had been negotiated in good faith and if it provided adequate protections and benefits for the workers involved.

In its decision, the Commission carefully examined the provisions of the agreement, taking into account the specific circumstances of the employer and the employees. The Commission found that the agreement met the statutory requirements under the Fair Work Act. It was determined that the agreement was fair and balanced, providing adequate protections for employees while allowing for necessary flexibility in the workplace. The Commission highlighted that the agreement included provisions that promoted good faith bargaining and provided for a transparent process for resolving disputes. Consequently, the Commission approved the agreement, recognising its potential to foster a cooperative and productive working environment.

As a result of the Commission's decision, the Builder Enterprise Agreement 2020-2023 between COLAB BUILD PTY LTD and the CFMEU (Victorian Construction and General Division) was approved and registered. The approved agreement will now govern the employment terms and conditions for workers employed by COLAB BUILD PTY LTD, ensuring that both the employer and employees' interests are appropriately balanced and protected under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established