DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3624)

CITY RENDERING PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 DECEMBER 2020

Application for approval of the City Rendering Pty. Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the City Rendering Pty. Limited / 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 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 17 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and City Rendering Pty. Limited, which was proposed for the period 2019 to 2022. The application was heard in the Fair Work Commission, which is responsible for the resolution of workplace disputes and the approval of such agreements under Australian labour law. The dispute centred around the terms and conditions of employment as outlined in the proposed collective agreement, with potential implications for both the employer and the union.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement adhered to the provisions concerning the terms and conditions of employment, including minimum wages, penalty rates, leave entitlements, and procedural fairness. Furthermore, the Commission had to consider whether the agreement contained any provisions that might be deemed contrary to public policy or otherwise unenforceable.

In rendering its decision, the Commission carefully examined the provisions of the Fair Work Act and relevant regulations. It found that the proposed collective agreement largely met the statutory requirements, with some minor adjustments necessary to ensure compliance with minimum wage standards and procedural fairness. The Commission highlighted that the agreement provided for adequate terms and conditions that were fair and reasonable for the employees, while also addressing the legitimate interests of the employer. Ultimately, the Commission approved the collective agreement with the stipulation that certain amendments be made to align with the statutory minimum standards. Consequently, the agreement was approved, effective from the date of the Commission’s decision.

No further orders were made by the Commission beyond the approval of the collective agreement subject to the specified amendments. The decision reinforces the importance of ensuring that collective agreements comply with statutory requirements to maintain a balanced and fair industrial relationship.

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