DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4983)

COMM 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 Comm TC Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Comm 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the approval of the Comm TC Pty Ltd / CFMEU Collective Agreement 2019-2023 before the Fair Work Commission (FWC). The agreement in question was reached between the union and the employer, and it outlined the terms and conditions of employment for the workers covered by it. The dispute arose from objections raised by some parties regarding certain provisions of the agreement. The FWC was tasked with determining whether the agreement met the necessary criteria for approval and if it was in the best interests of the workers.

The legal issues before the FWC centred on the validity and fairness of the collective agreement. The objectors argued that certain provisions of the agreement were not in line with the Fair Work Act 2009 (Cth) and the principles of good faith bargaining. They also contended that the agreement did not adequately protect the rights and interests of the workers. The FWC had to consider these arguments and determine whether the agreement complied with the relevant legislation and if it was fair and reasonable in all the circumstances.

The FWC found that the majority of the provisions in the agreement were in line with the Fair Work Act and the principles of good faith bargaining. The FWC acknowledged the objectors' concerns but held that the agreement provided adequate protections for the workers and was in their best interests. The FWC noted that the agreement had been negotiated in good faith and that the provisions were reasonable and fair. The FWC approved the Comm TC Pty Ltd / CFMEU Collective Agreement 2019-2023, finding it to be a valid and fair agreement.

The FWC ordered the approval of the Comm TC Pty Ltd / CFMEU Collective Agreement 2019-2023, effective from 1 July 2019. The agreement was to remain in force until 30 June 2023, subject to the parties' rights to renegotiate or vary the agreement in accordance with the Fair Work Act. The FWC also ordered that the agreement be registered with the Australian Industrial Relations Commission and that it be published on the Fair Work Commission's website.

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