DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4845)

DARCY ROBINSON T/AS ROBRAND PROJECT SUPPORT SERVICES AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 MAY 2021

Application for approval of the Darcy Robinson T/As Robrand Project Support Services and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Darcy Robinson T/As Robrand Project Support Services and CFMEU Union Collective Agreement 2020‒2022 (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] Clause 32.1 of the agreement provides that “it is agreed that the default fund under [the] agreement shall be BussQ.”  Clause 32.1 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Darcy Robinson trading as Robrand Project Support Services and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Union Collective Agreement 2020‒2022. The dispute arose as the applicants sought validation of the collective agreement, which had been entered into under specific conditions and was subject to scrutiny for compliance with relevant industrial laws.

The legal issues before the court centred on whether the collective agreement met all the necessary requirements for approval under the Fair Work Act 2009. Key points of contention included the validity of the agreement’s terms, whether it complied with provisions related to employee representation and consultation, and if the process by which the agreement was negotiated adhered to the necessary legal standards.

In its decision, the court examined the negotiation process and contents of the collective agreement in detail. It determined that the agreement was negotiated in good faith and that its terms were fair and reasonable. The court also found that the agreement appropriately balanced the interests of both the employer and employees, complying with all statutory requirements for approval. Consequently, the court granted the application for approval, confirming the validity of the collective agreement.

As a result of the court’s findings, the Darcy Robinson T/As Robrand Project Support Services and CFMEU Union Collective Agreement 2020‒2022 was approved and validated. The decision affirmed the agreement’s compliance with the Fair Work Act 2009, ensuring its enforceability and recognition in the industrial relations framework.

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