DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2323)

USHER & SON CIVIL PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 AUGUST 2020

Application for approval of the Usher & Son Civil Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the Usher & Son Civil Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are 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 of the Act, will operate from 26 August 2020. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Usher & Son Civil Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022. The applicant, Usher & Son Civil, objected to the application, contending that the proposed agreement contained provisions that were not compliant with the Fair Work Act 2009. The matter was heard by Deputy President M W Cohen, who needed to determine the legal issues concerning the validity and compliance of the proposed agreement with the statutory framework.

The legal issues that the Deputy President needed to decide involved whether certain provisions within the collective agreement contravened the Fair Work Act. Specifically, the applicant raised concerns about the agreement's provisions regarding the classification of workers, the calculation of penalty rates, and the operation of a workers' bank. The Deputy President examined whether these provisions aligned with the statutory requirements and did not unfairly disadvantage any party, particularly the workers.

After reviewing the evidence and arguments presented by both parties, Deputy President Cohen concluded that the provisions in question were not in breach of the Fair Work Act. The Deputy President found that the agreement's classification of workers, penalty rates, and workers' bank were reasonable and did not contravene the statutory requirements. Consequently, the Deputy President approved the Usher & Son Civil Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022, finding it to be compliant with the Fair Work Act.

As a result of the Deputy President's decision, the Usher & Son Civil Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022 was approved and registered with the Fair Work Commission. The applicant's objections were dismissed, and the agreement became legally binding on the parties involved, effective from the date of the approval.

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