DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5459)

INTASIGN GROUP PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 JUNE 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Intasign Group 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] Clause 32.1 of the agreement provides that “it is agreed that the default fund under this agreement shall be BussQ.” Clause 32.1 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[4] 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.

[5] 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.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Intasign Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020 to 2022. The Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009, considering the process and provisions outlined in the legislation. The Union sought approval of the agreement, while the employer's representatives argued that certain aspects of the agreement should be reconsidered.

The legal issues before the Commission included the validity of the agreement's process, the fairness of its terms and conditions, and whether it complied with the provisions of the Fair Work Act. A central point of contention was the employer's assertion that certain provisions of the agreement were not negotiated in good faith, and that the process leading to the agreement did not adhere to the requirements of the Act. The Union countered that the agreement was the result of proper and genuine negotiations, and that it provided for fair and reasonable terms for the employees.

The Commission, after reviewing the evidence and submissions from both parties, found that the agreement had been negotiated in good faith and that the process complied with the statutory requirements. The terms and conditions of the agreement were considered fair and reasonable, taking into account the specific circumstances of the industry and the parties' bargaining positions. Consequently, the Commission approved the collective agreement, recognising its benefits for both the employees and the employer. The Union's application was thus successful, and the agreement was approved as sought.

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