DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5187)

SYDNEY LABOUR & CONSTRUCTION PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MAY 2021

Application for approval of the Sydney Labour & Construction Pty. Ltd. / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Labour & Construction Pty. Ltd. / 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 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 4 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Sydney Labour & Construction Pty. Ltd. for the period 2019-2023. The dispute arose from the application's submission to the Fair Work Commission (FWC), which was subsequently challenged by several other unions and employer groups. The legal issues before the Commission involved the scope and validity of the collective agreement, its adherence to the Fair Work Act 2009, and its compliance with principles of good faith bargaining and procedural fairness.

The Commission examined the process through which the agreement was negotiated, including whether genuine attempts were made to reach an agreement with all relevant parties. It assessed whether the agreement contained terms that were unfair, unreasonable, or contrary to public policy. Additionally, the Commission considered submissions from other unions and employer groups, who argued that the agreement did not adequately represent the interests of all workers and employers in the industry.

After thorough deliberation, the Commission concluded that the collective agreement was valid and should be approved. The Commission found that the negotiation process was conducted in good faith, and the terms of the agreement were reasonable and fair. The Commission determined that the agreement did not contravene any provisions of the Fair Work Act and was consistent with the principles of procedural fairness. Consequently, the Commission approved the collective agreement.

The final orders of the Commission included the approval of the Sydney Labour & Construction Pty. Ltd. / CFMEU Collective Agreement 2019-2023, with specific conditions to ensure ongoing compliance and monitoring of the agreement's implementation.

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