DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2429)

NZ SOLUTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 AUGUST 2020

Application for approval of the NZ Solutions Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the NZ Solutions 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 7 September 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 matter under consideration was an application for the approval of a collective agreement between NZ Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The application was heard by the Fair Work Commission (FWC). The primary dispute centred on whether the collective agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees and employers involved. The FWC was required to determine if the agreement met the statutory criteria for approval, including whether it was free from any prohibited content and whether it was made in good faith.

The FWC examined the provisions of the Fair Work Act, focusing on the obligations of good faith bargaining and the content requirements for a valid enterprise agreement. It considered whether the agreement adequately represented the terms and conditions of employment, provided for the fair treatment of employees, and did not include any content that was prohibited by the Act. The Commission also assessed the process through which the agreement was negotiated to ensure it was conducted in good faith. Furthermore, the FWC weighed the interests of the employees and employers, assessing whether the agreement would promote harmonious, productive, and cooperative workplace relations.

The FWC found that the collective agreement met the statutory requirements for approval under the Fair Work Act. The agreement was deemed to be free from prohibited content and was made in good faith. The Commission concluded that the agreement was in the best interests of the employees and employers, as it provided for fair and reasonable terms and conditions of employment. The FWC approved the collective agreement, noting that it would facilitate harmonious and productive workplace relations between NZ Solutions Pty Ltd and the CFMEU. The decision was based on the comprehensive evidence presented and the findings that the agreement complied with all legal requirements and served the interests of both parties.

The FWC approved the collective agreement between NZ Solutions Pty Ltd and the CFMEU for the period 2019 to 2022, with the approval taking effect from the date of the decision. The approval was contingent upon the agreement being registered with the Australian Industrial Relations Commission within the specified timeframe.

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