DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4216)

Clerical industry
COMMISSIONER JOHNS	SYDNEY, 26 MARCH 2021

Application for approval of the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Administrative Enployees Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Administrative Enployees Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 Australian Municipal, Administrative, Clerical and Services 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 2 April 2021. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a new industrial agreement from the Fair Work Commission. The CFMEU argued that the proposed agreement was necessary to better manage employee entitlements and workplace relations. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it aligned with the overarching principles of the Fair Work Act, including ensuring fairness and flexibility in workplace relations. The CFMEU contended that the agreement's provisions were necessary to address specific issues within the industry, while the objectors argued that certain clauses were overly prescriptive and did not adequately protect employee rights.

In deliberating on the matter, the Commission considered the balance between the rights of employers and employees, the specific needs of the industries involved, and the broader objectives of the Fair Work Act. The Commission concluded that while the agreement had some merits in addressing certain workplace issues, several clauses did not sufficiently protect employee rights and were overly restrictive. Consequently, the Commission did not approve the agreement in its entirety but required the CFMEU to amend certain provisions to better align with the principles of fairness and flexibility as mandated by the Act.

The Fair Work Commission ordered the CFMEU to revise the agreement to address the identified concerns and resubmit it for approval. The revised agreement must ensure that employee rights are adequately protected and that the terms and conditions are fair and reasonable, in line with the objectives of the Fair Work Act.

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