DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4937)

THEOS BROS. (AUST.) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 MAY 2021

Application for approval of the Theos Bros. (AUST.) Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Theos Bros. (AUST.) 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 20 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 approval of a collective agreement between Theos Bros. (AUST.) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the years 2019 to 2023. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving such agreements to ensure they comply with relevant labour laws and meet the interests of both employers and employees.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009 and whether the agreement was made in good faith and for the purpose of creating a better work environment. The Commission also had to determine if the agreement adequately balanced the interests of both parties, particularly in terms of wages, conditions, and other employment terms.

The Fair Work Commission found that the agreement was compliant with the necessary statutory requirements and had been made in good faith. The Commission noted that the agreement contained provisions that were beneficial to both the employer and the employees, such as clear terms regarding wages, working conditions, and dispute resolution mechanisms. The Commission was satisfied that the agreement provided a fair and balanced outcome for all parties involved, and thus approved the collective agreement.

The final orders of the Fair Work Commission were that the Theos Bros. (AUST.) Pty Ltd / CFMEU Collective Agreement 2019-2023 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from 1 July 2019 until 30 June 2023, subject to any amendments or variations that may be agreed upon by the parties during this period. The Commission's decision to approve the agreement demonstrates its satisfaction with the balance of rights and obligations provided for in the agreement.

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