DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6293)

NYANDA CIVIL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JULY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Nyanda Civil 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 6 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

In the recent decision of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was asked to approve a proposed collective agreement between Nyanda Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2020-2022. The dispute centred on the terms and conditions set out in the agreement, specifically whether they met the statutory requirements under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement contained appropriate mechanisms for dispute resolution and whether the terms were fair and reasonable in all respects. The Commission had to consider the balance of rights and obligations, as well as the overall fairness of the agreement for both the employer and the employees.

The Commission examined the provisions for dispute resolution in the proposed agreement, assessing whether they provided for an efficient and effective process for resolving disputes. Additionally, the Commission looked at the substantive terms of the agreement, such as wages, hours of work, and other conditions of employment. The Commission had to determine whether these terms were consistent with the objectives of the Fair Work Act, including ensuring fairness at work and promoting high standards of employment. The overarching consideration was whether the agreement would lead to improved industrial relations and better outcomes for the workforce.

After careful consideration, the Commission found that the proposed agreement contained suitable provisions for dispute resolution and that the terms were fair and reasonable. The Commission concluded that the agreement met the statutory requirements under the Fair Work Act and approved the collective agreement. The decision was based on the comprehensive analysis of the dispute resolution mechanisms and the substantive terms, which were deemed to be balanced and fair. The approval of the agreement ensures that the parties can proceed with the implementation of the terms and conditions set out in the collective agreement.

No specific orders were made in the decision, as the approval of the agreement itself was the primary outcome. However, the decision sets a precedent for similar agreements in the industry, providing guidance on the requirements for dispute resolution and fair terms in collective agreements.

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