DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5485)

HANSEN YUNCKEN / CFMEU COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JUNE 2021

Application for approval of the Hansen Yuncken / CFMEU Collective Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Hansen Yuncken / 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 23 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

The case involves the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Hansen Yuncken. The CFMEU sought approval of a collective agreement with Hansen Yuncken for the period 2021 to 2023. The Fair Work Commission heard the application. The central issue before the Commission was whether the terms and conditions outlined in the collective agreement complied with the Fair Work Act 2009. This included assessing whether the agreement provided for minimum rates of pay, entitlements, and other conditions that met or exceeded the relevant minimum standards set by the Act.

The Commission examined various provisions of the agreement, including those relating to wages, penalty rates, leave entitlements, and dispute resolution mechanisms. It considered whether these provisions met the statutory minimum standards and whether they provided fair and reasonable terms and conditions of employment. The Commission also had to determine whether the agreement allowed for genuine collective bargaining and whether it promoted productivity and economic efficiency.

After reviewing the evidence and submissions from both parties, the Commission concluded that the collective agreement largely complied with the requirements of the Fair Work Act. The Commission found that the agreement provided for adequate rates of pay and entitlements that met or exceeded the minimum standards. It also determined that the dispute resolution mechanisms were fair and effective. The Commission approved the collective agreement, recognising the importance of collective bargaining in achieving fair and reasonable terms and conditions of employment. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and their alignment with the statutory framework.

The Fair Work Commission approved the Hansen Yuncken / CFMEU Collective Agreement 2021-2023, recognising its compliance with the Fair Work Act and the fair and reasonable terms and conditions it provided for employees.

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