DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1903)

CHU CHU CONSTRUCTION SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 JULY 2020

Application for approval of the Chu Chu Construction Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Chu Chu Construction Services 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 17 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 involved an application for the approval of the Chu Chu Construction Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Collective Agreement for the years 2019-2022. The application was heard by the Fair Work Commission (FWC), an Australian workplace relations tribunal. The CFMEU sought approval for the collective agreement under section 235 of the Fair Work Act 2009, which allows for the approval of agreements that meet specific criteria, including that they provide for a fair and efficient workplace.

The primary legal issue before the FWC was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act. The CFMEU argued that the agreement was necessary to address the specific needs of the industry and its members. The FWC needed to determine whether the agreement provided for a fair and efficient workplace, and whether it complied with the Act’s provisions regarding procedural fairness and the avoidance of undue hardship.

The FWC assessed the agreement against the criteria set out in the Fair Work Act. The Commission noted that the agreement provided for appropriate mechanisms for dispute resolution and included provisions for procedural fairness. It also found that the agreement did not impose undue hardship on the employer and that it was necessary to address the specific needs of the industry. The FWC concluded that the agreement met the statutory requirements for approval and granted the application for approval.

The FWC approved the Chu Chu Construction Services Pty Ltd and the CFMEU Collective Agreement for the years 2019-2022, finding that it provided for a fair and efficient workplace and met the necessary criteria under the Fair Work Act. The FWC's decision highlighted the importance of collective agreements in addressing industry-specific needs and ensuring procedural fairness in the workplace.

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