DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/39)

CF GROUP CIVIL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JANUARY 2021

Application for approval of the CF Group Civil Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the CF Group Civil Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between CF Group Civil Pty Ltd and the union. The agreement was set for a period between 2019 and 2022. The central dispute centred around whether the agreement contained provisions that were compliant with the Fair Work Act 2009, particularly concerning the terms of employment, working conditions, and other industrial matters.

The legal issues that the Fair Work Commission had to decide upon included whether the provisions of the agreement complied with the statutory requirements of the Fair Work Act, whether the agreement appropriately balanced the interests of both the employer and employees, and whether the agreement adhered to the principles of good faith bargaining. Furthermore, the Commission needed to determine whether any provisions of the agreement unfairly disadvantaged employees or contravened any relevant industrial instruments.

In reaching its decision, the Commission thoroughly examined the provisions of the agreement against the legislative framework provided by the Fair Work Act. It considered the principles of good faith bargaining, the necessity for fair and reasonable terms of employment, and the protection of employees' rights. The Commission found that the agreement, while addressing the interests of both parties, included certain clauses that required amendment to ensure compliance with the Act and to protect the rights of employees. After making the necessary adjustments to the agreement, the Commission approved it, finding that it met the statutory requirements and appropriately balanced the interests of both the employer and employees. The Commission's final order was the approval of the amended collective agreement with specified conditions to ensure its continued compliance with the Fair Work Act.

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