DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4803)

NORTH WEST COMMERCIAL INDUSTRIES (QLD) PTY LTD T/AS NWCI (QLD) 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 North West Commercial Industries (Qld) Pty Ltd T/As NWCI (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as the North West Commercial Industries (Qld) Pty Ltd T/As NWCI (QLD) 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of a collective agreement with North West Commercial Industries (Qld) Pty Ltd. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary requirements for approval. The CFMEU argued that the agreement was in the best interests of the employees and provided fair and reasonable terms. North West Commercial Industries (Qld) Pty Ltd opposed the application, contending that the agreement did not meet the necessary requirements for approval.

The Fair Work Commission considered the arguments presented by both parties and examined the terms of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for wages, working conditions, and dispute resolution. The Commission also found that the agreement met the necessary requirements for approval under the Fair Work Act 2009. The Commission approved the agreement, finding that it was in the best interests of the employees and provided fair and reasonable terms.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and North West Commercial Industries (Qld) Pty Ltd. The approval is subject to the terms and conditions of the agreement, which provide for fair and reasonable terms and conditions for the employees. The Commission found that the agreement met the necessary requirements for approval under the Fair Work Act 2009 and was in the best interests of the employees.

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