DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1917)

FGA WORKFORCE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 JULY 2020

Application for approval of the FGA Workforce Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the FGA Workforce 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 20 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 case involved an application for the approval of a collective agreement between FGA Workforce Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The application was heard in the Fair Work Commission, an Australian industrial relations tribunal. The CFMEU sought approval of the agreement, which had been negotiated with FGA Workforce, to ensure that it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was in the best interests of the employees covered by it, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it met the criteria for approval under the Act. The CFMEU argued that the agreement was in the best interests of the employees and complied with the Act, while FGA Workforce raised concerns about certain provisions of the agreement.

The Commission found that the agreement was in the best interests of the employees and met the criteria for approval under the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees, and that it addressed key issues such as wages, hours of work, and other employment conditions. The Commission also found that the agreement complied with the relevant provisions of the Act, and that there were no grounds for refusing approval. The Commission approved the agreement, subject to certain modifications to address FGA Workforce's concerns.

The Commission's decision provides guidance on the criteria for approving collective agreements under the Fair Work Act. The decision confirms that the best interests of employees are a key consideration in approving an agreement, and that the Act requires agreements to provide for fair and reasonable terms and conditions for employees. The decision also highlights the importance of addressing key employment issues in collective agreements, and the need for agreements to comply with the relevant provisions of the 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