DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3340)

AUSTRAL SF AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 NOVEMBER 2020

Application for approval of the Austral SF Australia Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Austral SF Australia 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 24 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 to the matter before the Fair Work Commission were Austral SF Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the approval of a collective agreement between the two parties for the period 2019-2022. The case was heard by the Fair Work Commission, Australia’s workplace relations tribunal. The union sought approval of the collective agreement, which it had negotiated with the employer, while the employer contested certain provisions of the agreement, particularly those relating to wage rates and conditions of employment.

The primary legal issue before the Commission was whether the collective agreement complied with the relevant statutory provisions and whether it met the standards for approval under the Fair Work Act 2009. This involved examining the agreement's provisions to determine if they adhered to the principles of good faith bargaining and if they provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the collective agreement generally met the statutory requirements for approval. The Commission acknowledged the good faith efforts of both parties in negotiating the agreement and determined that the terms and conditions were fair and reasonable. The Commission addressed the employer's concerns by making minor amendments to specific provisions to ensure they aligned more closely with the legislative standards. Consequently, the Commission approved the collective agreement with these amendments.

The final orders of the Commission included the approval of the Austral SF Australia Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the minor amendments made during the hearing. These amendments were designed to ensure the agreement complied with the Fair Work Act and served the best interests of the employees.

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