DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4546)

THE TRUSTEE FOR EURO PRECAST (QLD) UNIT TRUST T/AS EURO PRECAST (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 APRIL 2021

Application for approval of The Trustee for Euro Precast (QLD) Unit Trust T/As Euro Precast (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 Trustee for Euro Precast (QLD) Unit Trust T/As Euro Precast (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] Clause 32.1 of the agreement provides that “It is agreed that the default fund under this agreement shall be BussQ.” Clause 32.1 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a collective agreement between The Trustee for Euro Precast (QLD) Unit Trust Trading as Euro Precast (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which holds the authority to approve or reject collective agreements under Australian labour law.

The primary legal issues revolved around the compliance of the collective agreement with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for being a "modern award" and whether it adhered to the procedural requirements for approval as stipulated in the Act. This included examining the negotiation process, the content of the agreement, and its alignment with the principles of the Act, particularly concerning fairness and the avoidance of undue hardship on the employer.

In its decision, the Fair Work Commission meticulously reviewed the negotiation process and the content of the agreement. The Commission found that the agreement was appropriately negotiated and its terms were fair and reasonable. The Commission also noted that the agreement did not impose undue hardship on the employer and aligned with the objectives of the Fair Work Act 2009. Consequently, the Commission approved the collective agreement, recognising it as a modern award that appropriately balances the interests of both the employer and the employees.

The final orders of the Fair Work Commission were to approve the collective agreement as a modern award, effective from the date of the decision. This approval was subject to the terms and conditions set out in the agreement, which the Commission deemed to be compliant with the Fair Work Act 2009.

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