DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1873)

SYDNEY CIVIC CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JULY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Sydney Civic 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 16 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

In the matter of an application for approval of the Sydney Civic Contracting Pty Ltd and CFMEU Collective Agreement 2019-2022, the Fair Work Commission was called upon to decide whether the agreement met the necessary requirements under the Fair Work Act 2009. The application was brought forward by the Construction, Forestry, Maritime, Mining and Energy Union, which sought to have the agreement approved to cover employees of Sydney Civic Contracting Pty Ltd. The company, represented by its directors, did not contest the application, but the union was required to demonstrate that the agreement fulfilled all statutory criteria for approval.

The primary legal issue before the Commission was whether the collective agreement adhered to the provisions of the Fair Work Act, particularly focusing on whether it provided for minimum terms and conditions of employment that complied with the relevant provisions of the Act. Another consideration was whether the agreement was genuinely negotiated between the parties and whether it met the standards of good faith bargaining. The union argued that the agreement was fair and balanced, reflecting the needs of the employees while also taking into account the operational requirements of the employer.

In delivering its decision, the Commission noted that the agreement contained provisions that aligned with the minimum terms and conditions set out in the Fair Work Act. The Commission found that the agreement was the product of genuine negotiations between the parties and was reflective of a good faith effort to reach a mutually acceptable arrangement. The union provided evidence of the negotiation process, which the Commission found to be comprehensive and in line with the expectations set out in the Act. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees and did not disadvantage the employer in a manner that would undermine its ability to operate effectively.

The Fair Work Commission approved the Sydney Civic Contracting Pty Ltd and CFMEU Collective Agreement 2019-2022, recognising it as meeting the statutory requirements for approval under the Fair Work Act. The Commission's decision was based on its findings that the agreement provided for minimum terms and conditions that were fair and balanced, and that it was the product of genuine negotiations between the parties. The Commission's approval of the agreement ensures that it will now form the basis of employment conditions for the relevant employees, providing a framework that both parties can rely upon for the duration of the agreement.

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