DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4974)

COMMERCIAL TC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the Commercial TC Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Commercial TC 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 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 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between the Commercial TC Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The application was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The CFMEU sought approval of the agreement, while Commercial TC Pty Ltd did not oppose the application but raised certain concerns regarding specific clauses within the agreement.

The legal issues before the Commission centred on whether the terms and conditions outlined in the collective agreement were consistent with the provisions of the Fair Work Act and its regulations. In particular, the focus was on ensuring that the agreement did not contain any terms that were contrary to public policy or that had the potential to undermine the objectives of the Act, such as those relating to workplace health and safety, minimum wage standards, and other employment protections.

In considering the application, the Commission examined each clause of the agreement in detail, assessing whether it complied with the relevant legislative framework. The Commission noted that while some clauses raised legitimate concerns, these were addressed in the agreement through specific amendments or clarifications. The CFMEU provided satisfactory explanations and assurances regarding the contested clauses, leading the Commission to conclude that the overall agreement was fair and reasonable. Consequently, the Commission approved the collective agreement, acknowledging that it met the necessary statutory requirements and would provide a fair and balanced outcome for both parties involved.

The Fair Work Commission approved the collective agreement between Commercial TC Pty Ltd and the CFMEU for the period 2019-2023, subject to the amendments and clarifications made during the application process. This decision ensures that the agreement complies with the Fair Work Act and its regulations, providing a framework for fair and balanced industrial relations between the employer and the union.

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