DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4082)

AZTECH HOLDING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 MARCH 2021

Application for approval of the Aztech Holding Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of a greenfields agreement known as the Aztech Holding Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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] 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.

[4] 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

The case before the Fair Work Commission was an application for approval of a collective agreement between Aztech Holding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement in question was for the period of 2020 to 2022 and was aimed at regulating the employment terms and conditions of workers under the specified union. The application for approval was necessary to ensure that the agreement met the statutory requirements under the Fair Work Act 2009, which governs industrial relations in Australia.

The primary legal issues before the Commission were whether the collective agreement complied with the provisions of the Act and whether it was fair and reasonable in terms of the protections it provided to the employees. The Commission had to consider the balance of rights and obligations between the employer and the employees, the procedural fairness in the negotiation of the agreement, and whether it contained provisions that were contrary to public policy or otherwise unenforceable.

The Fair Work Commission found that the agreement was compliant with the statutory requirements and was fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and that it provided for a fair balance between the rights and obligations of both the employer and the employees. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or otherwise unenforceable. As such, the Commission approved the collective agreement, finding that it met all the necessary criteria for approval under the Act.

The Fair Work Commission approved the Aztech Holding Pty Ltd and CFMEU Union Collective Agreement 2020-2022, confirming its compliance with the statutory requirements and its fairness and reasonableness. This decision provides clarity and legal certainty for both the employer and the employees, ensuring that the agreement can be implemented without further legal challenge.

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