DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1925)

BROAD INSTALLATIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 JULY 2020

Application for approval of the Broad Installations Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Broad Installations 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 21 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 matter before the Fair Work Commission concerned an application by Broad Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their Collective Agreement for the years 2019 to 2022. The Commission was tasked with ensuring that the agreement met the requirements of the Fair Work Act 2009 and did not undermine the objectives of the Act.

The legal issues before the Commission included whether the agreement complied with the statutory requirements for approval, and if it contained any provisions that would have an adverse effect on the operation of the Fair Work Act. The Commission had to assess whether the provisions of the agreement were consistent with the Act’s objectives of promoting harmonious, productive and cooperative workplace relations.

The Commission found that the agreement was compliant with the statutory requirements and did not contain any provisions that would have an adverse effect on the operation of the Fair Work Act. The Commission considered the provisions of the agreement to be consistent with the objectives of the Act, promoting harmonious, productive and cooperative workplace relations. The Commission approved the application for the agreement, noting that it provided a fair and reasonable framework for the parties to manage their workplace relations.

The Fair Work Commission approved the Broad Installations Pty Ltd / CFMEU Collective Agreement 2019-2022, finding it to be compliant with the statutory requirements and consistent with the objectives of 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