DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5450)

NOVUS RESOURCES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JUNE 2021

Application for approval of the Novus Resources Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Novus Resources Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 22 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement with Novus Resources Pty Ltd. The agreement, which covered the period from 2020 to 2022, was the subject of a dispute. The matter was brought before the Fair Work Commission, which was tasked with deciding whether the agreement should be approved.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the public interest, whether it met the "better off overall test," and whether it complied with the relevant provisions of the Act.

In determining whether the agreement should be approved, the Commission considered the evidence presented by both parties. The Commission noted that the agreement provided for a range of benefits to employees, including pay increases, improved working conditions, and enhanced job security. The Commission also noted that the agreement provided for a number of protections for employers, including restrictions on the use of casual labour and limitations on the ability of employees to strike. Having considered all of the evidence, the Commission concluded that the agreement met the statutory requirements for approval. The Commission found that the agreement was in the public interest, met the "better off overall test," and complied with the relevant provisions of the Act.

The Commission approved the Novus Resources Pty Ltd and CFMEU Union Collective Agreement 2020‒2022, subject to certain conditions. These conditions included a requirement that the parties notify the Commission of any changes to the agreement, and a requirement that the agreement be made available to employees. The Commission also made a number of orders relating to the implementation of the agreement, including an order that the agreement be given effect from the date of the Commission's decision.

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