Construction, Forestry, Maritime, Mining and Energy Union

Case [2020] FWCA 4440


[2020] FWCA 4440
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2314)

BACKAM GROUP PTY LTD T/AS ANDERSON WORKFORCE AND CFMEU ACT SUPPLEMENTARY LABOUR HIRE, SITE CLEANING AND TRAFFIC MANAGEMENT SECTOR AGREEMENT 2020

Building, metal and civil construction industries

COMMISSIONER JOHNS

SYDNEY, 21 AUGUST 2020

Application for approval of the Backam Group Pty Ltd t/as Anderson Workforce and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Backam Group Pty Ltd t/as Anderson Workforce and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 28 August 2020. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

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Details
AGLC
Construction, Forestry, Maritime, Mining and Energy Union [2020] FWCA 4440
Case
[2020] FWCA 4440
Decision Date

CaseChat Overview and Summary

The applicants in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Backam Group Pty Ltd trading as Anderson Workforce. The dispute involved the application for approval of a supplementary labour hire, site cleaning, and traffic management sector agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The legal issues the court needed to decide included whether the agreement provided for terms and conditions that met the better-off-overall test and whether it complied with the requirements of the Fair Work Act. The court examined the provisions of the agreement to determine if it provided for a fair and equitable outcome for employees and if it met the statutory criteria for approval.

The court assessed the provisions of the agreement, taking into account the Fair Work Act's requirements for a better-off-overall test, which mandates that employees must be no worse off financially and preferably better off overall than under the relevant award or existing enterprise agreement. The court also considered whether the agreement provided adequate protections for employees, including provisions for wages, leave entitlements, and other working conditions. The court found that the agreement provided for terms and conditions that met the better-off-overall test, as it offered employees a wage increase and other benefits that improved their overall financial position. Additionally, the agreement contained provisions that provided adequate protections for employees, meeting the statutory criteria for approval.

Following its analysis, the court concluded that the agreement was fair and met the statutory requirements for approval under the Fair Work Act. The agreement was found to be compliant with the better-off-overall test and provided adequate protections for employees. As a result, the court approved the application for the Backam Group Pty Ltd t/as Anderson Workforce and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2020. This decision reinforces the importance of ensuring fair and equitable terms and conditions for employees in the labour hire, site cleaning, and traffic management sectors.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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