DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/3981)

ADCON NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 MARCH 2021

Application for approval of the Adcon NSW Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Adcon 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 22 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Adcon NSW Pty Ltd / CFMEU Collective Agreement 2019-2023. The dispute centred on the terms and conditions of employment for workers within the agreement, including wages, working hours, and other workplace practices. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issue was whether the agreement contained terms that were consistent with the provisions of the Fair Work Act, specifically focusing on whether it adhered to the 'better off overall test' and whether it provided for a minimum wage rate, reasonable working hours, and adequate rest breaks. The Commission also needed to assess if the agreement met the requirements for employee representation and dispute resolution processes.

The Fair Work Commission determined that the agreement largely complied with the statutory requirements. The terms provided for a minimum wage rate that was consistent with the award rates, reasonable working hours, and adequate rest breaks. The Commission found that the agreement met the better off overall test, as it provided for a range of benefits that were not available under the applicable awards. However, the Commission made minor adjustments to some provisions to ensure full compliance with the Act. Consequently, the application for approval was granted with minor modifications.

The Fair Work Commission approved the Adcon NSW Pty Ltd / CFMEU Collective Agreement 2019-2023, subject to the minor modifications made during the assessment process. These modifications ensured that the agreement fully met the statutory requirements and provided for fair and reasonable terms and conditions of employment for the workers covered by the agreement.

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