DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5585)

PARKVIEW CONSTRUCTIONS PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 JUNE 2021

Application for approval of the Parkview Constructions Pty. Limited / CFMEU Collective Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Parkview Constructions Pty. Limited / CFMEU Collective Agreement 2021-2023 (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.

COMMISSIONER

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 a collective agreement between Parkview Constructions Pty. Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2021 to 2023. The application was brought forth by the CFMEU, which sought to have the agreement recognised as a lawful and binding instrument under the Fair Work Act 2009.

The central legal issues before the Commission centred on whether the collective agreement complied with the requirements of the Fair Work Act and whether it was negotiated in good faith. Specifically, the Commission had to consider whether the agreement was made without any coercion, contained terms that were lawful and fair, and whether it provided adequate mechanisms for resolving disputes between the parties.

In delivering its decision, the Fair Work Commission meticulously examined the terms of the agreement, the process by which it was negotiated, and the context in which it was agreed. The Commission found that the agreement was made without any undue influence or coercion and contained terms that were fair and reasonable. The Commission also noted that the agreement included provisions for the resolution of disputes, which were in line with the principles of procedural fairness. As a result, the Commission was satisfied that the collective agreement met the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Parkview Constructions Pty. Limited / CFMEU Collective Agreement 2021-2023, recognising it as a lawful and binding instrument. The decision provides certainty to both the employer and the union regarding their rights and obligations under the agreement 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