DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1859)

NMK GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JULY 2020

Application for approval of the NMK Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the NMK Group 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 23 July 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 for the approval of a collective agreement between NMK Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The matter was heard by the Fair Work Commission (FWC). The dispute centred on whether the proposed terms and conditions within the agreement were consistent with the relevant industrial instruments and whether they met the criteria for approval under the Fair Work Act 2009. Specifically, the CFMEU sought to ensure that the agreement provided fair and reasonable terms for its members while NMK Group aimed to maintain operational flexibility and cost-effectiveness.

The legal issues before the FWC included determining whether the proposed agreement contained terms that were consistent with the applicable award, enterprise agreements, and general industrial law. Additionally, the FWC had to assess whether the agreement provided for procedural fairness and did not contain any terms that were against public policy. The FWC also needed to consider the overall fairness of the agreement in terms of its impact on the workforce, ensuring that the agreement did not unfairly disadvantage any party.

In its decision, the FWC closely examined the terms of the proposed agreement and the submissions from both parties. The Commission found that the agreement contained terms that were in line with the relevant industrial instruments and did not contravene any provisions of the Fair Work Act. The FWC highlighted the importance of procedural fairness and determined that the agreement provided for adequate consultation and negotiation processes. After considering the evidence and arguments presented, the FWC concluded that the agreement was fair and reasonable, and approved it under the Act. The FWC's approval ensures that the agreement will govern the employment conditions for the specified period, providing a stable and fair framework for both NMK Group and the CFMEU members.

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