DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4098)

PLACECORP (AUSTRALIA) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 MARCH 2021

Application for approval of the Placecorp (Australia) Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Placecorp (Australia) 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] 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.

[3] 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.

[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 26 March 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 the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Union Collective Agreement 2020-2022 with Placecorp (Australia) Pty Ltd. The agreement sought to regulate various aspects of employment, including wages, conditions of employment, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable way to resolve disputes, whether it complied with the provisions of the Fair Work Act, and whether it met the requirements for good faith bargaining and the best interests of the employees. The CFMEU argued that the agreement reflected the outcomes of genuine and fair bargaining, while Placecorp contended that certain provisions were not fair and reasonable, particularly regarding dispute resolution mechanisms.

The Commission considered the evidence presented by both parties, including the bargaining process, the content of the agreement, and the principles of good faith bargaining. It was determined that the agreement did provide for a fair and reasonable way to resolve disputes, and that it complied with the provisions of the Fair Work Act. The Commission found that the agreement met the requirements for good faith bargaining and was in the best interests of the employees, and thus approved the agreement.

The Fair Work Commission approved the Union Collective Agreement 2020-2022 with Placecorp (Australia) Pty Ltd, subject to the terms and conditions set out in the agreement. The decision was made on the basis that the agreement provided for a fair and reasonable way to resolve disputes, complied with the provisions of the Fair Work Act, and met the requirements for good faith bargaining and the best interests of the employees.

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