DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5084)

TATE ASIA-PACIFIC PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MAY 2021

Application for approval of the Tate Asia-Pacific Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of a greenfields agreement known as the Tate Asia-Pacific Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] 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 case before the Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Tate Asia-Pacific Pty Ltd for the period 2020‒2022. The primary focus was on ensuring the agreement met all necessary legal and procedural requirements before its formal endorsement.

The central legal issue addressed by the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing the agreement's adherence to the Fair Work (Registered Organisations) Act 2009 and ensuring it did not contravene any other statutory requirements. The Commission also considered whether the agreement provided fair and equitable terms for both parties, reflecting the principles of good faith bargaining and industrial democracy.

In reaching its decision, the Commission examined the procedural integrity of the bargaining process and the substantive terms of the agreement. It found that the agreement had been negotiated in good faith and was fair and reasonable in all its aspects. The Commission concluded that the agreement did not unfairly disadvantage either party and met all the necessary statutory requirements for approval. Consequently, the Commission approved the collective agreement, thereby allowing it to take effect as a binding contract between the CFMEU and Tate Asia-Pacific Pty Ltd.

The Commission's final order was that the Tate Asia-Pacific Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 be approved and registered. This decision formalised the agreement, ensuring it would govern the employment conditions between the union and the company 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