DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4612)

ZENITH WORKFORCE. NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the Zenith Workforce. NSW Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Zenith Workforce. NSW Pty Ltd / 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Zenith Workforce NSW Pty Ltd, sought approval of a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The CFMEU opposed the application, raising several objections to specific clauses within the agreement.

The central legal issues before the Commission involved whether the proposed agreement contained provisions that contravened the Fair Work Act 2009. Specifically, the CFMEU argued that certain clauses regarding employee entitlements, procedural fairness, and dispute resolution mechanisms were inconsistent with the legislative framework designed to protect employees' rights and ensure fair workplace practices.

In its decision, the Commission examined each clause in question, assessing whether it complied with the statutory requirements and principles of fairness. The Commission found that while some clauses required minor adjustments to align with legislative standards, the overall agreement did not contain provisions that would undermine the protections afforded to employees under the Fair Work Act. Consequently, the Commission approved the agreement with the stipulated modifications. The final orders included the approval of the agreement subject to the specific changes outlined in the decision.

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