DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2302)

SLH INDUSTRIES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2020

Application for approval of the SLH Industries Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the SLH Industries Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 August 2020 and, in accordance with s 54, will operate from 24 August 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement between SLH Industries Pty Ltd and the union. The agreement was intended to regulate the employment terms and conditions of employees within the specified period. The union argued that the agreement was fair and reasonable, while SLH Industries Pty Ltd contested certain provisions, arguing they were overly burdensome.

The central legal issue before the Commission was whether the collective agreement met the criteria for approval under the Fair Work Act. This involved examining if the agreement was genuinely negotiated, contained provisions that were fair and reasonable, and did not unfairly discriminate against any group of employees. The Commission also considered whether any specific terms or conditions within the agreement were overly stringent or contrary to public policy.

The Commission carefully reviewed the terms of the agreement, assessing the negotiation process and the content of the provisions. It found that the agreement was genuinely negotiated and did not contain any discriminatory provisions. However, certain terms were found to be overly stringent or not fair and reasonable. The Commission exercised its discretion to modify these provisions to ensure they met the necessary standards for approval. Ultimately, the Commission approved the collective agreement with the modifications, ensuring it complied with the statutory requirements.

The Fair Work Commission ordered the approval of the SLH Industries Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the modifications made to certain provisions. These modifications were intended to address the concerns raised and ensure the agreement met all legislative requirements for fairness and reasonableness. The decision affirmed the union's right to negotiate on behalf of its members while also protecting the interests of employees and ensuring compliance with the Fair Work Act.

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