DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4993)

SRG BUILDING (NORTHERN) PTY LTD AND CFMEU ACT POST - TENSIONING SECTOR AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MAY 2021

Application for approval of the SRG Building (Northern) Pty Ltd and CFMEU ACT Post - Tensioning Sector Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the SRG Building (Northern) Pty Ltd and CFMEU ACT Post - Tensioning Sector Agreement 2021 (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] 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 24 May 2021. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved an application for the approval of a sectoral bargaining agreement between SRG Building (Northern) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) ACT Post-Tensioning Sector. The agreement sought to regulate the terms and conditions of employment for post-tensioning workers employed by SRG Building and other entities in the sector across the Australian Capital Territory. The legal dispute centred on whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained provisions that were genuinely negotiated between the parties and if it provided for efficient, productive and flexible workplace relations.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. This included assessing whether the agreement had been genuinely bargained between the parties, whether it provided for efficient, productive and flexible workplace relations, and whether it complied with other legislative requirements. The Commission also had to consider the extent to which the agreement provided for appropriate protections for employees, including minimum rates of pay and conditions. The Commission's decision was influenced by previous case law and the principles of statutory interpretation, ensuring that the agreement was consistent with the objectives of the Fair Work Act.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated between the parties, as evidenced by the extensive consultation process and the presence of key terms that reflected the parties' respective positions. The Commission also found that the agreement provided for efficient, productive and flexible workplace relations, with provisions that allowed for appropriate adjustments to work practices in response to changing circumstances. Furthermore, the Commission confirmed that the agreement complied with other legislative requirements and provided for adequate protections for employees. Consequently, the Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders of the Commission included the approval of the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2021, with specific modifications to certain provisions to ensure compliance with the Fair Work Act. The Commission's decision provided clarity for employers and employees in the post-tensioning sector, establishing a framework for fair and effective workplace relations. This outcome demonstrated the Commission's commitment to facilitating genuine bargaining and promoting efficient, productive and flexible workplace relations within the sector.

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