DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4800)

HEINRICH CONSTRUCTIONS PTY. LTD. AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 MAY 2021

Application for approval of the Heinrich Constructions Pty. Ltd. and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Heinrich Constructions Pty. Ltd. 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] 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 12 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 involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement with Heinrich Constructions Pty. Ltd. for the period 2020-2022. The matter was heard in the Fair Work Commission, which is the primary body responsible for resolving workplace disputes in Australia.

The legal issues before the Commission included whether the collective agreement was in compliance with the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission was required to consider whether the agreement was made in accordance with the relevant legislative provisions and whether it met the requirements for approval under the Act.

The Commission found that the collective agreement was generally compliant with the Fair Work Act and its regulations. It was noted that both parties had engaged in good faith bargaining, and the agreement was procedurally fair. The Commission emphasised that the agreement contained provisions that were beneficial to both the employees and the employer, including provisions for wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement was made in good faith and adhered to the principles of procedural fairness. Based on this, the Commission approved the collective agreement for the specified period.

In approving the agreement, the Commission made an order that the collective agreement between the CFMEU and Heinrich Constructions Pty. Ltd. for the period 2020-2022 be approved and registered with the Fair Work Commission. The approval ensures that the agreement is legally binding and enforceable under the Fair Work Act. The decision reinforces the importance of good faith bargaining and procedural fairness in the creation of collective agreements.

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