DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6956)

MIRVAC CONSTRUCTIONS (QLD) PTY LIMITED & CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

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

Application for approval of the Mirvac Constructions (QLD) Pty Limited & CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Mirvac Constructions (QLD) Pty Limited & 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 the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a proposed collective agreement between Mirvac Constructions (QLD) Pty Limited and the union. The dispute arose over certain terms and conditions of employment, particularly those concerning the classification of workers and the implications for wages and conditions under the proposed agreement.

The central legal issues before the Commission were whether the proposed collective agreement was consistent with the relevant statutory provisions and whether it appropriately balanced the interests of both the employer and the employees. Specifically, the Commission had to assess if the agreement met the requirements for registration under the Fair Work Act 2009, including whether it complied with the procedural fairness requirements and provided adequate protections for employees.

The Commission examined the provisions of the proposed agreement and found that, while it largely adhered to the requirements set out in the Fair Work Act, there were certain clauses that did not provide sufficient protections for employees. The Commission highlighted the need for clarity and fairness in the terms of the agreement, particularly in relation to worker classifications and associated wage rates. After considering submissions from both parties, the Commission decided to reject the application for approval, finding that the agreement did not sufficiently safeguard the employees' interests.

The Fair Work Commission ordered that the application for approval of the collective agreement between Mirvac Constructions (QLD) Pty Limited and the CFMEU be dismissed. The decision underscored the importance of ensuring that any collective agreement provides adequate protections for employees and that the process for negotiating and approving such agreements is fair and transparent.

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