DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1462)

FEENIX NSW PTY LTD ATF FEENIX NSW FAMILY TRUST/CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 19 JUNE 2020

Application for approval of the Feenix NSW Pty Ltd ATF Feenix NSW Family Trust / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for the approval of an enterprise agreement known as the Feenix NSW Pty Ltd ATF Feenix NSW Family Trust/CFMEU Collective Agreement 2019-2022 (‘the Agreement’). The application was made by the Construction Forestry Maritime Mining and Energy Union (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). 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 (‘the CFMMEU’), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CFMMEU.

[4] The Agreement is approved, and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. 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 involved an application for the approval of a collective agreement between Feenix NSW Pty Ltd ATF Feenix NSW Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The matter was heard in the Fair Work Commission, which has the authority to approve, reject or approve with modifications collective agreements that meet certain criteria. The CFMEU sought to have the agreement approved under the Fair Work Act 2009, while Feenix NSW opposed the approval on the basis that the agreement was not sufficiently fair and reasonable.

The central legal issue was whether the proposed collective agreement was fair and reasonable, taking into account the relevant considerations set out in section 234 of the Fair Work Act 2009. This involved assessing the agreement against criteria such as its compatibility with the general principles of the Act, its impact on the parties' employees, and whether it promoted harmonious, productive and cooperative workplace relations. The court had to balance the interests of the parties and the employees in determining whether the agreement was fair and reasonable.

The Fair Work Commission found that the proposed collective agreement was fair and reasonable, and approved it with minor modifications. The Commission noted that the agreement contained provisions that promoted cooperative and productive workplace relations, and provided for flexible work arrangements that were beneficial for both parties and their employees. While the Commission made some modifications to the agreement to address minor issues, it ultimately found that the agreement met the statutory criteria for approval. The Commission's decision was based on a detailed analysis of the agreement and the relevant legal principles.

The Fair Work Commission approved the Feenix NSW Pty Ltd ATF Feenix NSW Family Trust / CFMEU Collective Agreement 2019-2022, subject to minor modifications. The Commission found that the agreement was fair and reasonable, and promoted harmonious, productive and cooperative workplace relations. The decision highlights the importance of collective agreements in promoting cooperative workplace relations and the role of the Fair Work Commission in approving such agreements.

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