DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4439)

SUPERIOR GANTRY HIRE PTY LTD T/AS GUARDIAN GANTRY HIRE AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 APRIL 2021

Application for approval of the Superior Gantry Hire Pty Ltd T/As Guardian Gantry Hire and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as the Superior Gantry Hire Pty Ltd T/As Guardian Gantry Hire 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 20 April 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 parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Superior Gantry Hire Pty Ltd T/As Guardian Gantry Hire. The nature of the dispute was the approval of a Union Collective Agreement for the period 2020–2022. The Fair Work Commission (FWC) was the court that considered this case.

The legal issues before the FWC were to determine whether the proposed Union Collective Agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees and employers. The FWC also needed to ensure that the agreement complied with the good faith bargaining principles and the public interest.

The FWC approved the Union Collective Agreement after assessing the evidence and arguments presented by both parties. The FWC found that the agreement was fair and reasonable and met the statutory requirements. The FWC also determined that the agreement was in the best interests of both employees and employers and complied with the good faith bargaining principles and the public interest. The FWC took into account the economic and social context of the industry and the need to balance the interests of both parties.

The final orders of the FWC were to approve the Union Collective Agreement between the CFMEU and Superior Gantry Hire Pty Ltd T/As Guardian Gantry Hire for the period 2020–2022. The FWC also ordered that the agreement be registered with the Fair Work Commission Register of Certified 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