DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5873)

SELDOM EARTHMOVING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JULY 2021

Application for approval of the Seldom Earthmoving Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Seldom Earthmoving 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 16 July 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 court involved an application for approval of a collective agreement between Seldom Earthmoving Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission (FWC) was the forum for this application, with the CFMEU seeking to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including the necessity to be in writing, cover the appropriate bargaining unit, and not contravene any provisions of the Act.

The legal issues the court had to address were whether the collective agreement was properly negotiated and executed, if it complied with the formalities prescribed by the Fair Work Act, and whether it included any provisions that would render it non-compliant with the law. The court also needed to determine if the agreement was in the best interests of the employees covered by it, considering the need to balance the interests of employers and employees as mandated by the Act.

Upon reviewing the evidence, the FWC found that the collective agreement was duly negotiated and signed by the parties, and it satisfied all the formal requirements set out in the Fair Work Act. The court examined the agreement clause by clause and found no provisions that contravened the Act or were detrimental to the employees. The FWC concluded that the agreement was in the best interests of the employees and approved it as a registered agreement. The decision was based on the thorough documentation of the negotiation process and the compliance of the agreement with the statutory requirements.

As a result of the court's decision, the Seldom Earthmoving Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 was approved and registered under the Fair Work Act. The court's approval ensures that the agreement is legally binding on both the employer and the employees for the specified period.

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