DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1664)

NASS EXCAVATIONS (AUSTRALIA) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2020

Application for approval of the Nass Excavations (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Nass Excavations (Australia) 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 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 2 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Nass Excavations (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2022. The dispute centred on whether the agreement, which contained provisions concerning pay rates, conditions, and dispute resolution mechanisms, complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the standards of being in the best interests of the employees, and whether it adhered to the procedural fairness and good faith obligations under the Act.

The primary legal issues that the Commission needed to address were whether the agreement had been made in good faith, whether it was fair and reasonable, and whether it had been negotiated genuinely. The Commission had to examine the process by which the agreement was reached, the transparency and accessibility of the negotiation process, and whether the terms of the agreement were fair and reasonable for the employees. Additionally, the Commission needed to ensure that the agreement did not undermine the employees' rights or protections under the Fair Work Act.

The Fair Work Commission found that the agreement had been made in good faith, and that the negotiation process was transparent and accessible. The Commission noted that the terms of the agreement were fair and reasonable, and that it did not undermine the employees' rights or protections. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair pay rates and conditions, and included mechanisms for resolving disputes. Based on these findings, the Commission approved the agreement, finding that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the Nass Excavations (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2022, finding that it met the standards of being in the best interests of the employees, and complied with the procedural fairness and good faith obligations under the Fair Work Act. The Commission noted that the agreement provided for fair pay rates and conditions, and included mechanisms for resolving disputes, and that it had been made in good faith through a transparent and accessible negotiation process. The approval of the agreement means that it will now be in effect for the duration of its term, and will govern the employment conditions of the employees covered by 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