Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7686)

A-TECH (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 OCTOBER 2021

Application for approval of the A-Tech (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the A-Tech (QLD) 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 20 October 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement entered into with A-Tech (QLD) Pty Ltd for the period 2020-2022. The Commission was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009 for an enterprise agreement to be approved. The applicant union argued that the agreement contained terms and conditions of employment that were consistent with the principles of the Fair Work Act, including provisions for fair and reasonable terms, and that it was in the best interests of the employees covered by the agreement.

The Commission considered whether the agreement contained terms and conditions that were fair and reasonable, and whether it was in the best interests of the employees. The Commission noted that the agreement contained provisions for minimum wages, penalty rates, leave entitlements, and other terms and conditions of employment. The Commission also considered the evidence presented by the parties regarding the bargaining process and the views of the employees. The Commission was satisfied that the agreement contained terms and conditions that were fair and reasonable, and that it was in the best interests of the employees.

Accordingly, the Commission approved the collective agreement. The applicant union's application for approval of the A-Tech (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 was approved. The Fair Work Commission found that the agreement met the criteria set out in the Fair Work Act for an enterprise agreement to be approved. The agreement was approved as a registered agreement 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