Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7643)

SAVCON PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 OCTOBER 2021

Application for approval of the Savcon Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Savcon Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 18 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

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 sought approval of a proposed collective agreement with Savcon Pty Ltd. The agreement was intended to cover the period from 2019 to 2023 and encompassed various terms and conditions of employment for employees within the specified industries. The dispute centred around the application of certain provisions of the Fair Work Act 2009 and whether the agreement complied with the requirements for approval under the Act.

The primary legal issues before the Commission were whether the agreement was a "single interest employer agreement" as defined in section 173 of the Act, and if it met the criteria for registration under section 231 of the Act. The Commission had to determine whether the agreement was negotiated in good faith, whether it contained only matters that could be the subject of a registered agreement, and whether it complied with the "better off overall test" as required by section 186 of the Act.

The Commission found that the agreement was indeed a single interest employer agreement and that it had been negotiated in good faith. The Commission was satisfied that the agreement contained only matters that could be the subject of a registered agreement and that it complied with the "better off overall test". The Commission also determined that the agreement met all the necessary criteria for approval under section 231 of the Act. Consequently, the application for approval of the Savcon Pty Ltd / CFMEU Collective Agreement 2019-2023 was approved.

The Fair Work Commission approved the Savcon Pty Ltd / CFMEU Collective Agreement 2019-2023, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement during the specified period.

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