DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4607)

ZENITH WORKFORCE PTY LTD T-AS ZENCON GROUP / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 APRIL 2021

Application for approval of the Zenith Workforce Pty Ltd t-as Zencon Group / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Zenith Workforce Pty Ltd t-as Zencon Group / CFMEU Collective Agreement 2019-2023 (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 28 April 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision concerning the Construction, Forestry, Maritime, Mining and Energy Union, the court was called upon to review and approve the Zenith Workforce Pty Ltd t/as Zencon Group and CFMEU Collective Agreement for the period 2019-2023. The dispute arose when the CFMEU sought formal approval of the agreement which had been negotiated between the union and the employer. The case was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The primary legal issues before the court involved whether the collective agreement met the requirements set forth by the Fair Work Act 2009, particularly concerning the provisions for minimum wages and conditions, and if the agreement adhered to the principles of good faith bargaining and industrial fairness. Additionally, the court had to assess if the agreement complied with any relevant industry standards and whether it appropriately balanced the interests of both the employer and the employees.

The court meticulously examined each clause of the agreement, ensuring that it aligned with statutory provisions and industrial best practices. It determined that the agreement was fair and reasonable, taking into account the specific context of the industries involved. The court found that the agreement effectively met the legislative requirements and did not unfairly disadvantage any party. The balance struck between the employer's operational needs and the employees' rights was deemed appropriate, reflecting a genuine attempt at good faith bargaining.

Following the thorough review, the court approved the Zenith Workforce Pty Ltd t/as Zencon Group and CFMEU Collective Agreement 2019-2023, affirming that it was in compliance with all relevant legal standards. The decision highlights the importance of adhering to statutory guidelines while maintaining a fair and balanced approach in 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