DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6442)

INFINITY CONSTRUCTIONS QLD 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 Infinity Constructions Qld Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Infinity Constructions Qld 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 16 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a proposed collective agreement with Infinity Constructions Qld Pty Ltd. This agreement, dated 2020-2022, outlined the terms and conditions of employment for workers in the construction industry. The CFMEU argued that the agreement was necessary to provide fair and reasonable terms for the employees while Infinity Constructions contested certain provisions, claiming they were unreasonable and detrimental to the company's operations.

The primary legal issue before the Commission was whether the provisions of the proposed collective agreement were fair and reasonable. The Commission had to consider the relevant legislative framework, including the Fair Work Act 2009 and the Fair Work Regulations 2009, to determine if the agreement complied with the statutory requirements. Additionally, the Commission assessed the agreement against the criteria for approving a new agreement, which includes ensuring it is fair and reasonable in all its terms and does not undermine the integrity of the industrial relations system.

After a thorough examination of the evidence presented by both parties, the Fair Work Commission found that several provisions of the proposed agreement were unreasonable. The Commission identified specific clauses that it deemed to be detrimental to the employer's ability to conduct its business efficiently and to be inconsistent with the objectives of the Fair Work Act. Consequently, the Commission rejected the application for approval of the agreement. The Commission highlighted the importance of maintaining a balance between the rights of employers and employees and ensuring that any agreement does not unduly burden the employer.

The Commission's final orders included a refusal to approve the proposed collective agreement, with specific reasons provided for the rejection of certain clauses. The Commission also directed the parties to engage in further negotiations to address the issues identified and to submit a revised agreement for consideration, if possible. This decision underscores the importance of fair and reasonable terms in collective agreements and the Commission's role in overseeing the industrial relations process.

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