DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5786)

METROPOLITAN DEMOLITIONS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 JULY 2021

Application for approval of the Metropolitan Demolitions Pty Limited / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Metropolitan Demolitions Pty Limited / 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 13 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Metropolitan Demolitions Pty Limited. The dispute centred on the application for approval of a collective agreement for the period 2019-2023. The matter was heard by the Fair Work Commission, which is tasked with resolving workplace disputes under Australian labour law.

The primary legal issue the Commission had to address was whether the collective agreement in question met the requirements for registration and approval under the Fair Work Act 2009. This involved assessing the agreement's compliance with the relevant provisions of the Act, including its fairness and adherence to the standards set by the Fair Work (Registered Organisations) Act 2009. The Commission needed to determine if the agreement appropriately balanced the rights and obligations of both employers and employees.

The Fair Work Commission found that the agreement was generally fair and met the necessary statutory criteria. It emphasised the importance of ensuring that the agreement did not unjustifiably disadvantage any party and that it provided for a reasonable framework for resolving disputes. The Commission acknowledged the efforts of both parties in reaching a negotiated agreement and noted the importance of such agreements in maintaining industrial peace. The Commission approved the collective agreement, allowing it to be registered and enforceable under the Fair Work Act.

The Commission's final order was the approval and registration of the collective agreement between the CFMEU and Metropolitan Demolitions Pty Limited for the period 2019-2023. This decision provided clarity and certainty for both parties regarding their rights and obligations during the term of the agreement.

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