DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2813)

CONSTRUCTION CONTROL AUSTRALIA PTY LIMITED AND CFMEU ACT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 SEPTEMBER 2020

Application for approval of the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2020 (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 6 October 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 Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2020, which was lodged under section 235 of the Fair Work Act 2009. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Act, particularly whether it complied with the good faith bargaining provisions and other relevant sections.

The court was required to decide whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it contained any terms that were contrary to the public interest or unfair. Key issues included the negotiation process, the terms of the agreement, and the fairness of the provisions to both employers and employees. The court also needed to consider whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement was a genuine enterprise agreement made in good faith. The Commission considered the evidence of the negotiation process and the terms of the agreement. The Commission concluded that the agreement was fair and balanced, and that it met the requirements of the Act. The Commission approved the agreement, stating that it was in the best interests of the employees and complied with the provisions of the Fair Work Act.

The Commission approved the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2020, confirming its compliance with the Fair Work Act and its fairness to both employers and employees. The decision was made based on the evidence of the negotiation process and the content of the agreement. The Commission highlighted the importance of good faith bargaining and the need for enterprise agreements to be in the best interests of the employees. The approval of the agreement ensures that it will be in effect for the specified period, providing a framework for the employment relationship between the parties.

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