DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1868)

T & H CONSTRUCTION SERVICES 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 T & H Construction Services 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 T & H Construction Services 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

The case before the Fair Work Commission concerned an application for the approval of a collective agreement between T & H Construction Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The CFMEU sought approval of the agreement under the Fair Work Act 2009, which mandates that certain agreements be approved by the Fair Work Commission to ensure they meet specific criteria, including those related to employee representation and the resolution of workplace disputes.

The legal issues that the Commission had to address included whether the agreement appropriately represented the employees, whether it complied with the requirements of the Fair Work Act, and whether it contained provisions that were contrary to the public interest. The Commission also needed to consider whether the agreement included terms that unfairly disadvantaged employees or failed to provide adequate protections.

In reaching its decision, the Fair Work Commission examined the terms of the agreement and the process by which it was negotiated. The Commission noted that the agreement had been negotiated in good faith and that it provided for appropriate representation of employees. The Commission was satisfied that the agreement did not contain any provisions that were contrary to the public interest and that it provided adequate protections for employees. After careful consideration, the Commission approved the collective agreement, finding that it met all the necessary legal requirements and would serve the interests of both the employer and the employees.

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