DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1738)

CHURINGA INVESTMENTS PTY LTD T/AS L & D CONTRACTING AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JUNE 2020

Application for approval of the Churinga Investments Pty Ltd T/As L & D Contracting and CFMEU Civil Construction Union Collective Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Churinga Investments Pty Ltd T/As L & D Contracting and CFMEU Civil Construction Union 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 7 July 2020. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Churinga Investments Pty Ltd T/As L & D Contracting and CFMEU Civil Construction Union Collective Agreement 2019-2022. The application was heard by the Fair Work Commission. The agreement proposed a range of terms and conditions for workers employed by Churinga Investments, including wage rates, leave entitlements, and other employment conditions. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the proper regulation of industrial relations.

The court was required to determine whether the agreement provided for the proper regulation of industrial relations, whether it met the requirements of the Fair Work Act, and whether it was in the best interests of the employees. The court considered the provisions of the agreement, the bargaining process, and the evidence presented by the parties. The court found that the agreement met the requirements of the Fair Work Act and provided for the proper regulation of industrial relations. The court also found that the agreement was in the best interests of the employees.

The court approved the agreement and made orders accordingly. The agreement was approved as a registered agreement under the Fair Work Act, effective from 1 January 2019 and expiring on 31 December 2022. The court noted that the agreement provided for fair and reasonable terms and conditions for the employees and that it had been negotiated in good faith by the parties. The court also noted that the agreement provided for mechanisms to resolve any future disputes that may arise during the term of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established