Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8103)

AUSTRALIAN DEWATERING SYSTEMS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 NOVEMBER 2021

Application for approval of the Australian Dewatering Systems Pty Ltd and CFMEU Union Collective Agreement 2020‒2022

[1] An application has been made for approval of an enterprise agreement known as the Australian Dewatering Systems Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (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 16 November 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Dewatering Systems Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of their collective agreement 2020-2022. The application was made to the Fair Work Commission (FWC). The nature of the dispute involved the interpretation and approval of the terms and conditions outlined in the collective agreement between the employer and the union. The FWC was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the FWC had to address were whether the terms of the collective agreement were fair and reasonable and whether they complied with the relevant statutory provisions. Specifically, the FWC needed to examine the agreement's provisions to ensure they did not undermine the basic entitlements of employees and that they were in line with the principles of the Fair Work Act. The FWC also had to consider whether the agreement provided a fair balance of rights and obligations between the parties.

The FWC determined that the collective agreement was fair and reasonable and complied with the statutory requirements. The FWC found that the agreement provided an appropriate balance of rights and obligations between the parties and did not undermine the basic entitlements of employees. The FWC was satisfied that the terms of the agreement were in line with the principles of the Fair Work Act and approved the application for the collective agreement 2020-2022.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established