DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1574)

CM GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 JUNE 2020

Application for approval of the CM Group 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 CM Group 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 19 June 2020 and, in accordance with s 54, will operate from 26 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a proposed collective agreement with CM Group Pty Ltd. The dispute centred on the terms and conditions of employment, including wages, hours, and other employment-related matters, for employees covered by the agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and provided a fair and reasonable outcome for all parties involved.

The primary legal issues before the Commission were whether the agreement was a "good faith" bargain and whether it provided for the fair and reasonable terms and conditions of employment. The Commission needed to examine whether the agreement was negotiated in good faith, contained terms that were fair and reasonable, and complied with relevant legislative requirements. The CFMEU argued that the agreement was a fair and reasonable outcome, while CM Group Pty Ltd contended that certain provisions were unreasonable and not in good faith.

The Commission found that the agreement was a good faith bargain and provided fair and reasonable terms and conditions of employment. The Commission noted that the agreement contained provisions that were consistent with industry benchmarks and provided for fair and reasonable outcomes for both the employer and employees. The Commission also found that the agreement complied with relevant legislative requirements and did not contain any provisions that were unfair or unreasonable. Consequently, the Commission approved the proposed collective agreement.

The Commission approved the proposed collective agreement between the CFMEU and CM Group Pty Ltd, effective from 1 January 2019 to 31 December 2022. The agreement sets out the terms and conditions of employment for employees covered by the agreement, including wages, hours, and other employment-related matters. The approval of the agreement ensures that the employees of CM Group Pty Ltd have a fair and reasonable set of employment terms and conditions, while also providing certainty and stability to the employer.

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