DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5451)

NASS LABOUR PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2021

Application for approval of the NASS Labour Pty. Limited / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the NASS Labour 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 22 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 matter involved an application for approval of the NASS Labour Pty. Limited / CFMEU Collective Agreement 2019-2023, which was brought before the Fair Work Commission. The applicant, NASS Labour Pty. Limited, sought approval of the collective agreement that it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the agreement met the legal standards and requirements for approval under the Fair Work Act 2009.

The key legal issues before the court were whether the collective agreement was made in good faith and whether it complied with the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement appropriately balanced the interests of both the employer and employees, and if it contained provisions that were consistent with the overarching objectives of the Act, such as promoting harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Fair Work Commission carefully reviewed the terms of the agreement and considered the context in which it was negotiated. The court found that the collective agreement was made in good faith and that it appropriately balanced the interests of both parties. It also concluded that the agreement was consistent with the Fair Work Act and did not contain any provisions that would undermine the objectives of the legislation. Consequently, the Commission approved the collective agreement, confirming that it met the necessary legal standards and requirements.

The court's decision resulted in the approval of the NASS Labour Pty. Limited / CFMEU Collective Agreement 2019-2023. This outcome effectively resolved the dispute between the parties and ensured that the agreement would be implemented as intended, providing a framework for the workplace relations between NASS Labour Pty. Limited and the CFMEU 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