DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6303)

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Demolition Environmental Civil Contractors Pty. Ltd. The dispute was centred around the approval of a collective agreement between the two parties for the period 2019-2023. The case was heard in the Fair Work Commission of Australia. The primary legal issue that the court had to decide was whether the proposed collective agreement met the requirements set out in the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court needed to determine if the agreement provided fair and reasonable terms and conditions for the employees, and whether it complied with the mandatory provisions of the Fair Work Act.

The court examined the agreement in detail, considering various factors such as the nature of the work, the level of remuneration, and the working conditions. The court found that the proposed agreement did indeed provide fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the industry and the parties involved. The court also determined that the agreement complied with the mandatory provisions of the Fair Work Act. Consequently, the court approved the collective agreement between the CFMEU and Demolition Environmental Civil Contractors Pty. Ltd. for the period 2019-2023.

In summary, the court found that the proposed collective agreement met the necessary legal requirements and provided fair and reasonable terms and conditions for the employees. The court's approval of the agreement ensures that the rights and interests of both the employer and the employees are protected and upheld. This decision provides a framework for future collective bargaining agreements in the industry, and sets a precedent for other similar cases.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established