DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/208)

ANORA FOUNDATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

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

Application for approval of the Anora Foundations Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as the Anora Foundations 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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Anora Foundations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement covered the period from 2020 to 2022. The primary dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly regarding provisions on working conditions, pay rates, and dispute resolution mechanisms.

The central legal issues that the Commission had to address included whether the agreement met the statutory requirements for approval, specifically whether it adhered to the provisions of section 235 of the Act. This section mandates that a certified agreement must not be contrary to the objects of the Act, which include promoting high levels of employment and decent working conditions. Furthermore, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions and whether it included adequate dispute resolution processes.

In reaching its decision, the Fair Work Commission examined the details of the agreement, including its provisions on wages, hours of work, leave entitlements, and the resolution of workplace disputes. The Commission noted that the agreement contained provisions that were consistent with the objects of the Act, providing for fair and reasonable terms and conditions of employment. The Commission also found that the dispute resolution mechanisms outlined in the agreement were comprehensive and appropriate, ensuring that any disputes could be resolved efficiently and fairly. After careful consideration, the Commission concluded that the agreement complied with the necessary statutory requirements and approved the collective agreement.

The Fair Work Commission's final order was that the Anora Foundations Pty Ltd and CFMEU Union Collective Agreement 2020–2022 be approved as a registered agreement under the Fair Work Act 2009. This approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between the parties for the specified period, providing a framework for fair and equitable workplace practices.

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