DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4295)

MAINLAND CIVIL QUEENSLAND PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 APRIL 2021

Application for approval of the Mainland Civil Queensland Pty Limited and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Mainland Civil Queensland Pty Limited 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 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] 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 8 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 the approval of a collective agreement between Mainland Civil Queensland Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement in question covered the period from 2020 to 2022 and sought to regulate various aspects of employment conditions for workers employed by Mainland Civil Queensland. The legal issues at the heart of the case centred on whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court needed to determine if the agreement adhered to the statutory requirements for good faith bargaining and whether it was fair and reasonable in terms of its provisions.

In examining these issues, the Commission undertook a thorough analysis of the negotiation process and the terms of the collective agreement. It assessed whether the parties had engaged in genuine and meaningful discussions and whether the agreement reflected a fair and reasonable outcome for all involved. The Commission considered the evidence presented by both parties and evaluated the terms of the agreement against the statutory benchmarks. After careful consideration, the Fair Work Commission found that the collective agreement was the product of genuine and meaningful bargaining. The terms of the agreement were deemed to be fair and reasonable, reflecting a balanced outcome for both the employer and the union.

Consequently, the Commission approved the collective agreement, ensuring that it would be binding on the parties for the specified period. The decision underscored the importance of adhering to the statutory requirements for collective bargaining and highlighted the need for both parties to engage in good faith negotiations. The approval of the agreement provided certainty and stability for the workers and employers involved, ensuring that the terms of employment were governed by a legally binding and fair collective agreement. This decision reinforces the Commission's commitment to facilitating fair and effective industrial relations practices in Australia.

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