DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5340)

VTS CONTRACTING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 JUNE 2021

Application for approval of the VTS Contracting QLD Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the VTS Contracting QLD 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 15 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement entered into with VTS Contracting QLD Pty Ltd for the period 2020-2022. The dispute arose from the union's claim that the proposed agreement adequately met the statutory requirements for registration and approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the conditions set out in the Fair Work Act for its registration and approval. Specifically, the Commission needed to determine if the agreement satisfied the requirements of good faith bargaining, provided for a fair and efficient method of resolving disputes, and contained provisions that were not contrary to public policy.

In addressing these issues, the Commission examined the process of bargaining, the content of the agreement, and its compliance with relevant legal standards. The Commission found that the bargaining process was conducted in good faith and that the agreement contained provisions that were fair and efficient in resolving disputes. Furthermore, the Commission concluded that the agreement did not contain any provisions that were contrary to public policy. Based on these findings, the Commission approved the collective agreement.

The Fair Work Commission approved the VTS Contracting QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022, finding that it met all the necessary statutory requirements for registration and approval under the Fair Work Act.

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