DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6296)

BARRETT GROUP PTY LTD T/AS BARRETT GROUP 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 Barrett Group Pty Ltd T/As Barrett Group and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Barrett Group Pty Ltd T/As Barrett Group 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

The matter before the Fair Work Commission involved an application for approval of a collective agreement between the Barrett Group Pty Ltd, trading as Barrett Group, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Barrett Group sought approval of a Union Collective Agreement for the period 2020 to 2022. The CFMEU, on the other hand, argued that the agreement contained several provisions that were not in line with the Fair Work Act 2009. The dispute was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be approved.

The legal issues at the heart of this case revolved around whether the collective agreement complied with the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement contained provisions that were contrary to the public interest, whether it provided for terms and conditions that were unfair or unreasonable, and whether it was otherwise in accordance with the Act. The Barrett Group argued that the agreement was fair and reasonable, while the CFMEU contended that certain provisions were problematic.

In reaching its decision, the Commission examined the specific provisions of the agreement that were challenged by the CFMEU. The Commission found that while some provisions were indeed problematic and contrary to the public interest, others were acceptable. The Commission then exercised its discretion to approve the agreement, subject to certain modifications to the contentious provisions. The modifications were aimed at ensuring that the agreement complied with the requirements of the Act and was fair and reasonable. The Commission concluded that the benefits of the agreement to the employees outweighed any potential detriments, and that approving the agreement in its modified form was in the best interests of all parties involved.

The Fair Work Commission approved the Union Collective Agreement between the Barrett Group and the CFMEU, subject to modifications to certain provisions. The modifications were intended to address the concerns raised by the CFMEU and ensure compliance with the Fair Work Act 2009. The Commission's decision was based on a careful consideration of the agreement's provisions and the public interest, as well as the overall benefits and detriments to the parties involved.

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