DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2192)

MATT DALLEY DEMOLITION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2020

Application for approval of the Matt Dalley Demolition Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Matt Dalley Demolition 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 12 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a collective agreement between the CFMEU and Matt Dalley Demolition Pty Ltd, covering the period 2019-2022. The matter was heard in the Fair Work Commission. The central issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was free from prohibited content and whether it complied with the good faith bargaining provisions.

The Commission examined whether the collective agreement contained any terms that were contrary to public policy or prohibited under the Fair Work Act. It also considered if the agreement was the product of genuine and meaningful bargaining between the parties. The CFMEU argued that the agreement was the result of effective negotiations and that it adhered to all legislative requirements. On the other hand, Matt Dalley Demolition Pty Ltd did not contest the substantive terms of the agreement but raised concerns about certain procedural aspects of the bargaining process. The Commission found that the agreement was free from prohibited content and that it was the outcome of genuine bargaining efforts, thus meeting the statutory requirements for approval.

Following its analysis, the Fair Work Commission approved the collective agreement. The court was satisfied that the agreement did not contravene any legislative provisions and that it had been achieved through a process of good faith bargaining. The decision underscored the importance of ensuring that collective agreements are both substantively and procedurally compliant with the relevant industrial relations laws. The Commission's approval of the agreement was based on its finding that it met all the necessary criteria for endorsement under 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