DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/4013)

BACKAM GROUP PTY LTD T/AS ANDERSON WORKFORCE AND CFMEU ACT LABOUR HIRE, TRAFFIC CONTROL AND SITE CLEANING SECTOR AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 JANUARY 2021

Application for approval of the Backam Group Pty Ltd t/as Anderson Workforce and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Backam Group Pty Ltd t/as Anderson Workforce and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 11 January 2021. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020, which was entered into between the CFMEU and the Backam Group Pty Ltd trading as Anderson Workforce. The application was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly whether it was a simple, genuine and independent agreement, and whether it included appropriate dispute resolution provisions.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria set out in the Fair Work Act. Specifically, the FWC needed to determine if the agreement was genuinely independent, free from any improper influence or coercion, and if it included appropriate mechanisms for resolving disputes. The Commission also had to assess if the agreement was a "simple" agreement, as defined in the Act, and whether it complied with the procedural requirements for the approval of such agreements.

In considering these issues, the FWC examined the evidence presented by both parties, including the negotiation process and the terms of the agreement. The Commission concluded that the agreement was genuinely independent and free from any improper influence, as it was the result of bona fide negotiations between the parties. The FWC found that the agreement was appropriately structured and included effective dispute resolution mechanisms, including the use of conciliation and arbitration. The Commission also determined that the agreement was a "simple" agreement, as it did not cover complex or multiple employers and employees, and therefore did not require the additional procedural steps that would apply to more complex agreements.

The FWC approved the agreement, finding that it complied with the requirements of the Fair Work Act. The decision was made on the basis that the agreement was a genuine and independent outcome of negotiations, and that it included appropriate dispute resolution provisions. The approval of the agreement allowed it to be registered with the Fair Work Commission, which would make it a legally enforceable workplace agreement between the parties.

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