DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2792)

CHERRIE CIVIL ENGINEERING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 SEPTEMBER 2020

Application for approval of the Cherrie Civil Engineering Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Cherrie Civil Engineering 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 5 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

The applicant, Cherrie Civil Engineering Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose from the negotiation process and the content of the proposed agreement. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the agreement should be approved. The legal issues centred on whether the agreement was genuinely bargained between the parties and whether it met the requirements for approval under the Act. The Commission found that the agreement was genuinely negotiated and did not contain any terms that were contrary to public policy or unjust. The Commission also considered the principles of good faith bargaining and the need for a fair and efficient workplace. Based on these findings, the Commission approved the collective agreement. The decision underscored the importance of genuine negotiation and the Commission's role in ensuring that workplace agreements are fair and just.

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