DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4982)

PRIEST GROUP BRICKLAYING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 MAY 2021

Application for approval of the Priest Group Bricklaying Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Priest Group Bricklaying 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 24 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union, represented by its delegate, sought approval of a collective agreement between the union and Priest Group Bricklaying Pty Ltd. The dispute was heard and determined by the Fair Work Commission. The central issue before the Commission was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The Commission examined the proposed agreement, which included terms and conditions of employment, such as wages, hours of work, and leave entitlements, as well as provisions related to dispute resolution and union representation. The Commission found that the agreement was compliant with the relevant provisions of the Fair Work Act and that it was in the best interests of the employees covered by the agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it included provisions for effective dispute resolution and union representation.

As a result of the Commission's determination, the proposed collective agreement between the union and Priest Group Bricklaying Pty Ltd was approved. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement for the period of 2020 to 2022. The decision of the Commission is final and binding on the parties and cannot be appealed.

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