DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2790)

ORIEL BUILDING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 SEPTEMBER 2020

Application for approval of the Oriel Building Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Oriel Building Services Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 September 2020 and, in accordance with s 54, will operate from 06 October 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between Oriel Building Services Pty Ltd and the union for the period 2019-2022. The primary dispute centred on the interpretation and application of certain provisions within the agreement, specifically relating to employee entitlements, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission involved the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to the validity of the terms and conditions set out in the collective agreement. The Commission had to determine whether the agreement met the statutory requirements for approval, including whether it provided for a fair and efficient workplace, and whether it complied with the principles of good faith bargaining and procedural fairness.

After considering the submissions from both parties and reviewing the relevant legislation, the Commission found that the collective agreement substantially complied with the statutory requirements. The Commission noted that while there were some areas that could be improved, the overall agreement provided for a fair and efficient workplace and adhered to the principles of good faith bargaining and procedural fairness. Consequently, the Commission approved the collective agreement, with some minor modifications to address specific concerns raised during the hearing.

The final orders included the approval of the Oriel Building Services Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the modifications made by the Commission. The parties were directed to implement the agreed-upon changes and to adhere to the approved terms and conditions.

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