DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5807)

TAYLOR CONSTRUCTION GROUP PTY LTD/CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 JULY 2021

Application for approval of the Taylor Construction Group Pty Ltd/CFMEU Collective Agreement 2019-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Taylor Construction Group Pty Ltd/CFMEU Collective Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[3] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 July 2021 and, in accordance with s 54, will operate from 8 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

The matter before the Fair Work Commission involved an application for the approval of the Taylor Construction Group Pty Ltd/CFMEU Collective Agreement 2019-2023. The applicants, Taylor Construction Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought the Commission’s approval of the agreement under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment and the implications of the proposed agreement for the workforce employed by Taylor Construction Group.

The primary legal issue the Commission was required to address was whether the agreement met the requirements of the Fair Work Act, particularly ensuring it provided for the fair and equitable treatment of employees, and did not undermine the basic rights of employees. The Commission also had to determine whether the agreement complied with the provisions relating to the registration of agreements under section 234 of the Act. The CFMEU argued that the agreement was fair and reasonable, providing necessary protections and benefits for its members. Taylor Construction Group Pty Ltd supported the application, asserting that the agreement was a product of good faith bargaining and was beneficial to both parties.

After thorough consideration of the submissions and evidence presented by both parties, the Commission found that the agreement was fair and reasonable. The Commission acknowledged the efforts of both parties in reaching a mutually beneficial agreement and noted that the agreement provided for fair and equitable treatment of employees. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act, and therefore, approved the application for registration of the Taylor Construction Group Pty Ltd/CFMEU Collective Agreement 2019-2023. The decision highlighted the importance of good faith bargaining and the role of the Commission in ensuring that agreements meet the statutory requirements for approval.

The final orders of the Commission were that the Taylor Construction Group Pty Ltd/CFMEU Collective Agreement 2019-2023 be approved and registered under section 234 of the Fair Work Act 2009. The agreement was to be effective from the date of the Commission’s decision and would govern the terms and conditions of employment for the workforce of Taylor Construction Group Pty Ltd until its expiry.

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