DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6958)

ARROW ACCESS SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the Arrow Access Services Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Arrow Access Services 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 15 September 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Arrow Access Services Pty Ltd, spanning from 2020 to 2022. The application was brought before the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was necessary to provide fair and reasonable terms for the employees, while Arrow Access Services Pty Ltd opposed the application, citing concerns over the agreement's provisions and its potential impact on the business.

The key legal issues before the FWC involved assessing whether the collective agreement met the requirements for approval under the Fair Work Act. This included evaluating if the agreement provided for fair and reasonable terms and conditions, and if it contained any provisions that were contrary to public policy or industrial relations principles. The FWC had to balance the rights of the employees to be represented by a union against the legitimate business interests of the employer.

The FWC carefully examined the provisions of the collective agreement and considered the submissions from both parties. The Commission noted that the agreement provided for fair and reasonable terms for the employees and did not contain any provisions that were contrary to public policy or industrial relations principles. The FWC was satisfied that the agreement met the criteria for approval under the Fair Work Act. Consequently, the FWC approved the application for the collective agreement.

The FWC approved the collective agreement between the CFMEU and Arrow Access Services Pty Ltd for the period of 2020 to 2022, finding that it met the necessary criteria under the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established