DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2162)

4WOOD PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2020

Application for approval of the 4Wood Pty Ltd/ CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the 4Wood 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 11 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 applicant, 4Wood Pty Ltd, sought approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved, as it was not covered by a registered Australian Building and Construction Commission (ABCC) agreement. The CFMEU intervened in the proceedings, asserting that the agreement was not consistent with the safety net provisions of the Fair Work Act 2009 (FW Act). The FWC held that the agreement did not meet the statutory safety net because it failed to provide employees with minimum rates of pay and leave entitlements that were at least equivalent to those specified in the FW Act. The court found that the agreement did not comply with the statutory safety net provisions as it did not provide for minimum rates of pay and leave entitlements that were at least equivalent to those specified in the FW Act. The FWC also found that the agreement did not provide for the payment of redundancy, as required by the FW Act. The FWC did not approve the agreement, as it did not meet the statutory safety net provisions. The FWC emphasised the importance of ensuring that all employees receive fair and reasonable terms and conditions of employment, and that agreements must comply with the statutory safety net provisions. The FWC did not make any orders as the agreement was not approved.

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