DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/3931)

NORTH AUSTRALIAN CONTRACTING (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 MARCH 2021

Application for approval of the North Australian Contracting (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the North Australian Contracting (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023 (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, 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, 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 24 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and North Australian Contracting (NSW) Pty Ltd. The union sought approval for a collective agreement covering the period 2019-2023, which was to be registered under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with evaluating the agreement and determining whether it met the legal criteria for approval and registration.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act. The Commission had to assess whether the agreement had been made freely and fairly without any form of employer coercion, if it was genuinely negotiated, and if it contained only matters that are 'directly related' to the employment of the workers. The Commission also needed to consider if the agreement complied with the 'better off overall test' and other statutory requirements.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. It was determined to be a genuine enterprise agreement that had been fairly and freely negotiated between the parties. The Commission also concluded that the agreement contained only matters directly related to the employment of the workers and satisfied the better off overall test. The agreement was subsequently approved and registered under the Fair Work Act.

The Fair Work Commission approved and registered the North Australian Contracting (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023, finding it to be a genuine enterprise agreement that met all statutory requirements under the Fair Work Act 2009.

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