DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4988)

BUILT PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2021

Application for approval of the Built Pty Limited / CFMEU Collective Agreement 2019-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Built Pty Limited / CFMEU Collective Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 May 2021 and, in accordance with s 54, will operate from 20 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Built Pty Limited (Built) for the period 2019-2023. The Fair Work Commission (FWC) was asked to determine whether the agreement was in the interests of the employees covered by it. The dispute was brought before the FWC, the tribunal responsible for overseeing and approving such agreements under Australian labour law.

The central legal issue before the Commission was whether the proposed collective agreement met the criteria set out in the Fair Work Act 2009, particularly sections 234 and 235, which require that an agreement be in the interests of the employees it covers. The CFMEU argued that the agreement provided fair and equitable terms for its members, while Built contended that certain provisions were overly restrictive and not in the best interests of its employees. The Commission had to weigh these arguments and decide whether the agreement was fair and balanced.

The FWC found that, while the proposed agreement contained provisions that were beneficial to the employees, there were several clauses that did not meet the statutory requirements for being in the employees' best interests. The Commission determined that the agreement failed to adequately protect employees' rights and conditions, particularly in relation to working hours and job security. As a result, the FWC did not grant approval for the collective agreement. The CFMEU and Built were directed to negotiate a revised agreement that better aligned with the statutory requirements.

The FWC ordered that the parties must renegotiate the collective agreement to ensure it is fair and in the best interests of the employees. The revised agreement must be submitted to the FWC for approval within a specified timeframe. The decision underscores the importance of ensuring that collective agreements comply with the statutory requirements designed to protect employees' rights and conditions.

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