DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1938)

PURE CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JULY 2020

Application for approval of the Pure Contracting Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Pure Contracting 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 22 July 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the approval of the Pure Contracting Pty Ltd / CFMEU Collective Agreement 2019-2022 with the Fair Work Commission (FWC). The dispute involved the terms of the collective agreement, which covered employees of Pure Contracting Pty Ltd who were members of the CFMEU. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the FWC were whether the agreement complied with the relevant provisions of the Fair Work Act and if it was in the best interests of the employees. Specifically, the FWC needed to assess if the agreement met the requirements for being a "protected action" agreement, which exempts it from unfair dismissal provisions. The FWC also had to consider the agreement's fairness and whether it provided adequate protections and benefits for the employees.

In reaching its decision, the FWC examined the contents of the collective agreement and its alignment with the Fair Work Act. The FWC determined that the agreement was appropriately structured and contained provisions that met the legislative criteria for a protected action agreement. The FWC found that the agreement was fair and provided adequate protections for the employees, taking into account the nature of the industry and the parties' bargaining positions. Consequently, the FWC approved the Pure Contracting Pty Ltd / CFMEU Collective Agreement 2019-2022.

The FWC's final order was the approval of the collective agreement, recognising it as a valid and binding instrument under the Fair Work Act. This decision confirmed the agreement's legitimacy and allowed it to be implemented for the specified period, providing a framework for the employment conditions of the affected employees.

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