DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6691)

C&C CONSTRUCT PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 AUGUST 2021

Application for approval of the C&C Construct Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of a greenfields agreement known as the C&C Construct 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 31 August 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 before the Fair Work Commission involved an application for approval of a collective agreement between C&C Construct Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2022. The primary dispute centred on the terms and conditions outlined in the agreement, specifically whether they complied with the relevant provisions of the Fair Work Act 2009. The case was heard by the Fair Work Commission, a body with the statutory authority to approve, reject, or modify collective agreements.

The central legal issue before the Commission was whether the terms of the collective agreement were consistent with the requirements of the Fair Work Act, particularly focusing on whether the agreement provided adequate protections for employees and whether it unfairly disadvantaged any party. This involved assessing the agreement against statutory minimum standards, ensuring that the agreement did not undermine the rights of employees or employers, and determining if the agreement was made in good faith. Additionally, the Commission examined whether the agreement adequately covered the bargaining period and if it provided for the resolution of future disputes.

In its decision, the Fair Work Commission carefully reviewed the terms of the collective agreement, taking into account the submissions from both parties. The Commission found that the agreement largely complied with the requirements of the Fair Work Act. It noted that the agreement included provisions that met or exceeded the statutory minimum standards, provided for fair treatment of both employees and employers, and included mechanisms for resolving future disputes. The Commission also determined that the agreement was made in good faith and was suitable for the bargaining period in question. Consequently, the Commission approved the collective agreement with minor modifications to address specific concerns regarding employee entitlements and procedural fairness.

The Fair Work Commission's final order was to approve the C&C Construct Pty Ltd and CFMEU Union Collective Agreement 2020-2022, subject to the modifications made to address the specific concerns identified during the review. The Commission's decision provided clarity on the terms that would govern the employment conditions between the parties for the specified period, ensuring that both employers and employees understood their rights and obligations under the agreement.

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