DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3408)

SMP CONSTRUCTION GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 NOVEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the SMP Construction Group 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 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 30 November 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 parties in this matter are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and SMP Construction Group Pty Ltd, which is represented by the Australian Building and Construction Commission (ABCC). The dispute pertains to the proposed collective agreement between the CFMEU and SMP Construction Group Pty Ltd for the years 2019 to 2022, known as the SMP Construction Group Pty Ltd / CFMEU Collective Agreement 2019-2022. The Fair Work Commission (FWC) was tasked with determining whether this agreement should be approved.

The central legal issue before the FWC was whether the proposed collective agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to assess whether the agreement was in the public interest and whether it contained appropriate protections for vulnerable workers. The FWC was also required to consider the impact of the agreement on small businesses and whether it would result in an unreasonable increase in labour costs for employers.

The FWC examined the proposed agreement and found it to be comprehensive and well-structured, addressing various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The FWC noted that the agreement provided adequate protections for vulnerable workers and did not impose unreasonable labour costs on employers. Furthermore, the FWC was satisfied that the agreement would not negatively impact small businesses. Consequently, the FWC approved the SMP Construction Group Pty Ltd / CFMEU Collective Agreement 2019-2022, considering it to be in the public interest and meeting the statutory requirements 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