DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3243)

FDC CONSTRUCTION & FITOUT (ACT) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 NOVEMBER 2020

Application for approval of the FDC Construction & Fitout (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the FDC Construction & Fitout (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2020 (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 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] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 16 November 2020. 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 before the Fair Work Commission involved an application for approval of the FDC Construction & Fitout (ACT) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (ACT Branch) Enterprise Agreement 2020. The dispute centred around the terms and conditions of the proposed agreement, which aimed to regulate the employment relationship between the company and its employees represented by the union. The Commission was tasked with ensuring that the agreement complied with the relevant industrial legislation and protected the interests of both parties.

The legal issues before the Commission included whether the agreement provided for the full disclosure of information, whether it complied with the good faith bargaining requirements, and whether it met the statutory obligations under the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement adequately protected employees' rights and interests, particularly in relation to wages, hours of work, and other employment conditions. The Commission also needed to determine whether the agreement was consistent with the public interest and whether it promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the proposed agreement complied with the statutory requirements and promoted harmonious, productive, and cooperative workplace relations. The Commission approved the agreement, emphasising that it provided for full disclosure of information and adhered to the good faith bargaining principles. The Commission also noted that the agreement met the statutory obligations under the Fair Work Act 2009 and adequately protected employees' rights and interests. The Commission determined that the agreement was consistent with the public interest and would contribute to the overall improvement of workplace relations in the industry.

The Fair Work Commission approved the FDC Construction & Fitout (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2020, effective from the date of the decision. The Commission's approval ensures that the agreement will be legally binding on both the company and its employees, providing a framework for the regulation of their employment relationship. The decision also sets a precedent for future agreements in the industry, promoting fair and harmonious workplace relations.

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