DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3170)

CD COMMERCIAL PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 NOVEMBER 2020

Application for approval of the CD Commercial Projects Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the CD Commercial Projects 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 9 November 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between CD Commercial Projects Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2019-2022. The dispute arose from disagreements over the terms and conditions of employment within the agreement, with specific contentions regarding the classification of workers and the implications for wages and conditions.

The legal issues that the Fair Work Commission had to address centred on whether the proposed agreement was fair and reasonable in terms of its provisions concerning employee classification, wages, and working conditions. The Commission was required to determine if the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to ensuring that the agreement was not detrimental to employees and that it maintained or improved working conditions.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including expert testimony and submissions on the implications of the proposed classification of workers. The Commission found that the agreement, while containing some provisions that could potentially be seen as disadvantageous to employees, overall met the statutory criteria for approval. The Commission determined that the agreement was not detrimental to the employees and provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the collective agreement, subject to certain modifications that addressed specific concerns raised during the hearing.

The final orders of the Fair Work Commission included the approval of the collective agreement with specified modifications, ensuring that certain employee classifications and their associated conditions were adjusted to meet the statutory requirements. The Commission's decision provided clarity on the acceptable balance between the interests of the employer and the employees, reinforcing the importance of fair and reasonable terms in collective agreements.

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