DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5857)

ADCO CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the ADCO Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the ADCO Constructions 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 16 July 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ADCO Constructions Pty Ltd (ADCO) presented an application for the approval of a collective agreement for the period 2019-2023. The CFMEU, representing workers in the construction industry, and ADCO, a construction company, sought to formalise the terms of employment under the proposed agreement. The central dispute revolved around the fairness and appropriateness of the proposed agreement's provisions, particularly in relation to working conditions, wages, and other employment terms.

The key legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was appropriate to approve the agreement given its potential impact on the employees and the employer. Specifically, the Commission needed to assess if the agreement provided a safety net of minimum terms and conditions, promoted simplification and certainty in workplace relations, and was free from any unfair content. The Commission also considered whether the agreement had been made in good faith and if it adhered to the principles of enterprise bargaining as outlined in the Act.

In its decision, the Commission meticulously examined each provision of the agreement. It found that the proposed collective agreement met the statutory requirements for approval, ensuring a safety net of minimum terms and conditions for employees, promoting simplification and certainty, and being free of any unfair content. The Commission also concluded that the agreement was made in good faith and aligned with the principles of enterprise bargaining. Consequently, the Commission approved the ADCO Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023.

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