DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4344)

CREE8 C&P PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 APRIL 2021

Application for approval of the Cree8 C&P Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of a greenfields agreement known as the Cree8 C&P 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Clause 32 of the agreement provides that “It is agreed that the default fund under this agreement shall be BussQ.”  Clause 32 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 14 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

In this matter, Cree8 C&P Pty Ltd sought approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The application was made to the Fair Work Commission, which adjudicates on matters concerning employment relations in Australia. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The application was contested by the CFMEU, which raised objections to specific provisions within the agreement.

The legal issues that the Commission had to resolve included whether the collective agreement adhered to the provisions of the Fair Work Act, specifically regarding the rights of employees, the terms of employment, and the negotiation process. Additionally, the Commission had to consider whether the agreement provided for fair and equitable terms and conditions for all parties involved. It was also necessary to determine if the agreement was made in good faith and whether it complied with the requirements for employee representation and participation in the negotiation process.

In its decision, the Commission found that the proposed agreement did indeed meet the necessary criteria under the Fair Work Act. The Commission emphasised that the agreement was negotiated in good faith and provided for fair and equitable terms and conditions for the employees. The Commission noted that the objections raised by the CFMEU did not undermine the overall fairness and reasonableness of the agreement. Consequently, the Commission approved the collective agreement, confirming that it complied with all legal requirements and was thus fit for registration.

The final orders included the registration of the collective agreement, allowing it to come into effect and bind the parties involved. The Commission's decision highlights the importance of ensuring that collective agreements are negotiated in good faith and provide fair terms and conditions for all parties.

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