DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4023)

VARI CIVIL (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 MARCH 2021

Application for approval of the Vari Civil (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Vari Civil (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, 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 23 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Vari Civil (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The agreement aimed to establish terms and conditions of employment for employees within the covered scope. The Commission was tasked with assessing the agreement to determine whether it met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission considered were whether the agreement was genuinely a product of bargaining between the parties, whether it complied with the procedural requirements under the Act, and whether the terms of the agreement were fair and reasonable. The Commission examined the process by which the agreement was negotiated, the involvement of the parties, and the content of the agreement to ensure it did not undermine the safety net of minimum entitlements.

The Commission found that the agreement was genuinely negotiated and met the procedural requirements. It concluded that the terms of the agreement were fair and reasonable, taking into account the specific industry context and the bargaining power of the parties. The Commission noted that the agreement provided for fair and reasonable terms, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the collective agreement.

The Commission's final order was that the Vari Civil (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023 be approved and registered under the Fair Work Act 2009. The decision highlighted the importance of genuine bargaining and the need for agreements to be fair and reasonable while providing for the safety net of minimum entitlements.

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