DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6957)

CENTREPOINT CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 SEPTEMBER 2021

Application for approval of the Centrepoint Contracting Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Centrepoint Contracting 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

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Centrepoint Contracting Pty Ltd, concerning the approval of a collective agreement. The application was brought before the Fair Work Commission (FWC). The primary dispute centred on whether the collective agreement, proposed by the CFMEU and Centrepoint Contracting Pty Ltd, met the statutory requirements and adhered to the principles of the Fair Work Act 2009. The court was required to determine whether the agreement was fair and reasonable, taking into account various factors such as employee protections, enterprise flexibility, and the balance of interests between the employer and employees.

The central legal issues revolved around the interpretation of the Fair Work Act 2009 and the relevant sections pertaining to the approval of collective agreements. The court needed to assess if the proposed agreement complied with the criteria for fairness and reasonableness, and whether it sufficiently protected the interests of employees while also allowing for appropriate enterprise flexibility. The court examined the contents of the agreement to ensure that it did not undermine the principles of good faith bargaining and did not contain any terms that were contrary to public policy.

In its decision, the Fair Work Commission determined that the proposed collective agreement met the statutory requirements under the Fair Work Act 2009. The Commission found that the agreement was fair and reasonable, as it provided adequate protections for employees while allowing for the necessary flexibility in the enterprise. The court considered the various provisions of the agreement and concluded that it balanced the interests of both the employer and employees effectively. The Commission approved the collective agreement, thereby allowing it to come into effect for the specified period.

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