DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4840)

CFMEU WORK PLACE COLLECTIVE AGREEMENT 2021-2023

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 MAY 2021

Application for approval of the CFMEU Work Place Collective Agreement 2021 - 2023.

[1] An application has been made for approval of an enterprise agreement to be known as the CFMEU Work Place Collective Agreement 2021 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 30 April 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks – Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of its 2021-2023 Work Place Collective Agreement from the Fair Work Commission. The application was made under the Fair Work Act 2009. The union argued that the agreement should be approved as a registered agreement, which would provide protection from certain legal challenges and facilitate enforcement.

The central legal issue before the Commission was whether the proposed collective agreement met the statutory criteria for approval as a registered agreement. Specifically, the Commission had to determine if the agreement contained only matters that were 'conciliation or arbitration matters' within the meaning of the Fair Work Act, and if it was consistent with the provisions of the Act.

In reaching its decision, the Commission examined the content of the proposed agreement to ensure it complied with the Act. It considered whether the agreement's provisions were within the scope of matters that could be subject to conciliation or arbitration, and whether they adhered to the principles and objects of the Act. The Commission concluded that the agreement satisfied the statutory requirements for registration and approved it as a registered agreement.

The Commission's approval of the agreement means that it will be protected from certain legal challenges and easier to enforce, providing stability and certainty for the parties involved. The agreement now serves as a binding framework for the employment conditions of the union's members within the specified industries.

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