DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6302)

DEMOLITION ENVIRONMENTAL CIVIL CONTRACTORS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the Demolition Environmental Civil Contractors Pty. Ltd. / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Demolition Environmental Civil Contractors Pty. Ltd. / CFMEU Collective Agreement 2019-2023 (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 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of an application for approval of the Demolition Environmental Civil Contractors Pty. Ltd. / CFMEU Collective Agreement 2019-2023, the Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees involved. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the employer, Demolition Environmental Civil Contractors Pty. Ltd. The central dispute centred on the terms and conditions outlined in the proposed collective agreement, specifically whether these terms were fair and reasonable for the employees and the industry.

The legal issues before the Commission were primarily focused on whether the agreement complied with the statutory requirements of the Fair Work Act 2009, particularly in terms of promoting the best interests of employees. This involved an examination of the agreement's provisions on wages, working conditions, and other employment terms, to ensure they met the statutory criteria for approval. The Commission also needed to consider any potential impacts on the broader industry, including whether the agreement would foster fair and efficient industrial relations practices.

The Commission found that the agreement did indeed promote the best interests of the employees by providing fair wages and reasonable working conditions, while also considering the employer's operational needs. The terms of the agreement were deemed to be balanced, taking into account the economic realities and the need for sustainable employment practices in the industry. The Commission also concluded that the agreement would not lead to adverse effects on the industry as a whole, thereby upholding fair industrial relations standards.

The Commission approved the collective agreement, determining it met all statutory requirements and would benefit both the employees and the employer. The decision underscored the importance of balancing employee interests with the practical needs of 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