DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3677)

SYDNEYWIDE CEMENT RENDERERS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 DECEMBER 2020

Application for approval of the Sydneywide Cement Renderers Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Sydneywide Cement Renderers 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Sydneywide Cement Renderers Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The agreement was sought to be approved under section 234 of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it was in the interests of employees and employers, and complied with the relevant provisions of the Fair Work Act.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act. This involved examining whether the agreement was made in good faith and without coercion, whether it provided for the protection of employees' interests, and whether it complied with the provisions of the Fair Work Act, including those relating to minimum standards of employment. The Commission also needed to consider whether the agreement provided for appropriate dispute resolution mechanisms.

In its decision, the Commission found that the proposed agreement did not meet the criteria for approval. The Commission identified several issues with the agreement, including the lack of a clear process for the resolution of disputes, the absence of specific provisions relating to the protection of employees' interests, and the failure to comply with certain minimum standards of employment. The Commission also found that the agreement did not provide for appropriate mechanisms to ensure that it was made in good faith and without coercion. As a result, the Commission refused to approve the agreement. The Commission noted that the agreement could be revised and resubmitted for approval if the identified issues were addressed.

The Fair Work Commission refused to approve the Sydneywide Cement Renderers Pty Ltd / CFMEU Collective Agreement 2019-2022, citing concerns about the lack of dispute resolution mechanisms, the absence of specific employee protections, and non-compliance with minimum employment standards. The Commission recommended that the parties revise the agreement to address these issues and resubmit it for approval.

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