DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5578)

SCENTRE DESIGN AND CONSTRUCTION PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JUNE 2021

Application for approval of the Scentre Design and Construction Pty Limited / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Scentre Design and Construction 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 30 June 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) lodged an application for the approval of a collective agreement with Scentre Design and Construction Pty Limited for the period of 2019 to 2023. The agreement was negotiated in accordance with the Fair Work Act 2009, and the CFMEU sought to have it registered as a registered agreement. The legal issues before the Commission were whether the agreement met the requirements for approval under the Act, including compliance with the good faith bargaining provisions, and whether it was in the best interests of the employees.

The Commission examined the process of negotiation and the content of the agreement, including the provisions on wages, working conditions, and dispute resolution. The CFMEU argued that the agreement was the product of genuine negotiations conducted in good faith and that it represented the best outcomes for the employees. Scentre Design and Construction Pty Limited did not contest the negotiation process but raised concerns about certain provisions of the agreement. After careful consideration, the Commission found that the agreement was negotiated in good faith and that it met the requirements for approval under the Act. The Commission also found that the agreement was in the best interests of the employees, taking into account the overall benefits it provided in terms of wages, conditions, and dispute resolution mechanisms.

The Commission approved the agreement and made an order that it be registered as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees of Scentre Design and Construction Pty Limited for the period of 2019 to 2023, and both parties are bound by its terms. The decision serves as a reminder of the importance of genuine negotiations and the role of the Commission in facilitating the resolution of workplace disputes.

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