DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2365)

AUSTRAL SF PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 AUGUST 2020

Application for approval of the Austral SF Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Austral SF 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). The Agreement is a greenfields agreement. It has been made by the 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 the 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 the 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 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Austral SF Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The agreement was submitted to the Commission under section 235 of the Fair Work Act 2009, which mandates that certain agreements be approved by the Commission before they can take effect. The Commission was required to determine whether the agreement was appropriate for approval, taking into account the provisions of the Act and relevant regulations.

The legal issues before the Commission involved the interpretation and application of various sections of the Fair Work Act 2009. In particular, the Commission needed to consider whether the agreement complied with the requirements of section 235 of the Act, which sets out the criteria for the approval of certain agreements. The Commission also needed to consider whether the agreement met the requirements of other relevant provisions of the Act, including those relating to the protection of employees' rights and interests.

After considering the evidence and submissions from the parties, the Commission determined that the agreement was appropriate for approval. The Commission found that the agreement complied with the requirements of section 235 of the Act and met the other relevant criteria set out in the legislation. The Commission noted that the agreement provided for a range of protections for employees, including provisions relating to wages, hours of work, and other employment conditions. The Commission also noted that the agreement had been negotiated in good faith and was in the best interests of the employees covered by the agreement.

The Commission approved the agreement under section 235 of the Fair Work Act 2009, subject to certain conditions and modifications. The conditions and modifications related to the operation of the agreement and were designed to ensure that the agreement continued to meet the requirements of the Act. The Commission also made an order under section 245 of the Act, declaring that the agreement was a registered agreement for the purposes of the Act. This meant that the agreement could be enforced by the parties and that it would have legal effect in relation to the employees covered by the agreement.

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