DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5078)

CHURINGA INVESTMENTS PTY LTD T/AS L & D CONTRACTING AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 MAY 2021

Application for approval of the Churinga Investments Pty Ltd T/As L & D Contracting and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Churinga Investments Pty Ltd T/As L & D Contracting 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 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 31 May 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 court involved an application for the approval of a collective agreement between Churinga Investments Pty Ltd, trading as L & D Contracting, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant sought the court's endorsement of the agreement, which outlined terms and conditions of employment for the workers. The court was tasked with assessing whether the agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees.

The primary legal issues before the court were whether the collective agreement met the statutory criteria set out in the Fair Work Act 2009, and if it was fair and reasonable in terms of the rights, benefits, and obligations of the employees. The court had to ensure the agreement did not undermine any fundamental rights of employees and was not contrary to public policy. Additionally, the court examined if the agreement adequately represented the interests of the employees and provided a fair and equitable resolution to any disputes that might arise.

In delivering its decision, the court thoroughly examined the provisions of the collective agreement, considering the rights and obligations of both the employer and the employees. The court found that the agreement was comprehensive, addressing key employment issues such as wages, working conditions, and dispute resolution mechanisms. The court determined that the agreement did not contravene any statutory provisions and was fair and reasonable in its terms. The court also concluded that the agreement was in the best interests of the employees, as it provided a clear framework for employment conditions and dispute resolution.

The court approved the collective agreement, finding that it met all the necessary legal requirements and was fair and reasonable. The approval ensured that the agreement would be legally binding and enforceable between the parties, providing a stable and predictable employment environment for the workers.

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