DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6441)

URBAN AQUATICS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2021

Application for approval of the Urban Aquatics Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of a greenfields agreement known as the Urban Aquatics Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 16 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 applicant, Urban Aquatics Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) under the Fair Work Act 2009. The Fair Work Commission (FWC) was asked to determine if the proposed agreement met the requirements for being a genuine enterprise agreement and if it complied with the provisions of the Act. The FWC, led by Commissioner McCabe, assessed the application, focusing on whether the agreement was made in good faith and if it was appropriately certified.

The primary legal issue was whether the agreement fulfilled the criteria for a genuine enterprise agreement as per section 229 of the Fair Work Act. This involved verifying the agreement's certification and ensuring it was made without improper conduct, as defined in section 232. The FWC examined the process of how the agreement was negotiated and certified, particularly considering the potential for coercion or duress.

After reviewing the evidence and submissions, the FWC determined that the Urban Aquatics Pty Ltd and CFMEU Union Collective Agreement 2020-2022 was valid. The FWC found that the agreement was genuinely negotiated and certified without any improper conduct. The FWC concluded that the agreement met all necessary criteria and was therefore approved.

The FWC ordered the approval of the Urban Aquatics Pty Ltd and CFMEU Union Collective Agreement 2020-2022, effective from the date of the decision. The FWC's decision confirmed the legitimacy of the agreement and its compliance with the Fair Work Act, thereby resolving the application for approval.

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