DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1864)

SRG BUILDING (NORTHERN) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2020

Application for approval of the SRG Building (Northern) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the SRG Building (Northern) Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 July 2020 and, in accordance with s 54, will operate from 16 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement with SRG Building (Northern) Pty Ltd. The agreement, which was to cover the period 2019-2022, sought to regulate the terms and conditions of employment for employees of SRG Building. The union argued that the agreement was necessary to address the specific needs of the workforce and to ensure fair and equitable terms of employment.

The central legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for "modern awards" and "employee protections" as set out in the Act. The union contended that the agreement was in the best interests of the employees and provided adequate protections, while SRG Building (Northern) Pty Ltd argued that certain provisions of the agreement were overly restrictive and detrimental to the company's operational flexibility.

The Commission carefully examined the terms of the agreement and considered the evidence presented by both parties. It found that the agreement contained provisions that were consistent with modern awards and provided adequate protections for employees. However, it also identified certain clauses that did not meet the statutory requirements, particularly those that restricted the company's ability to make operational changes. After negotiations and amendments, the Commission concluded that the agreement, as modified, complied with the relevant provisions of the Act and approved it.

The Fair Work Commission approved the amended collective agreement, subject to the conditions set out in the decision. The approval ensures that the terms and conditions of employment for SRG Building's employees are governed by a legally binding agreement that balances the interests of both the company and the workforce.

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