DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6367)

EMBELTON CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 AUGUST 2021

Application for approval of the Embelton 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 Embelton 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 11 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for approval of the Embelton Contracting Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The applicant is a union representing employees within the construction industry, while the respondent is a contracting business within the same industry. The dispute centres on the terms and conditions of employment as outlined in the proposed collective agreement. The matter was heard by the Fair Work Commission, Australia’s independent statutory body responsible for the resolution of workplace disputes.

The central legal issue before the Commission was whether the collective agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the statutory requirements for good faith bargaining and non-compulsion. The Commission also needed to consider the balance of interests between the employer and employees and ensure that the agreement did not unfairly disadvantage either party.

In its decision, the Commission thoroughly examined the provisions of the collective agreement and found that it generally provided for fair and reasonable terms and conditions. The Commission noted that the agreement reflected a balance of interests between the parties and that it had been negotiated in good faith. The Commission also found that the agreement did not compel either party to act in a manner contrary to their interests and that it complied with the statutory requirements for approval. Based on these findings, the Commission approved the collective agreement, recognising the need for fair and reasonable terms of employment within the industry.

The Fair Work Commission approved the collective agreement between Embelton Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2020-2022. The decision highlights the importance of balancing the interests of both employers and employees in the negotiation of collective agreements. The approval of this agreement demonstrates the Commission’s commitment to facilitating fair and reasonable terms and conditions of employment within the industry.

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