DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1575)

CAPITAL TERRITORY FIXING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JUNE 2020

Application for approval of the Capital Territory Fixing Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Capital Territory Fixing 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 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 24 June 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 matter before the court involved an application for the approval of a collective agreement between Capital Territory Fixing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was lodged under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval as a safety net agreement. The parties sought to resolve their differences through the Fair Work Commission (FWC) but were unable to reach a consensus, leading to the application before the court.

The legal issues before the court encompassed whether the collective agreement adequately protected employees' wages and conditions and whether it contained adequate mechanisms for dispute resolution. Additionally, the court had to determine if the agreement aligned with the objectives of the Fair Work Act, particularly in terms of providing a safety net for workers. The court examined the provisions of the agreement to ascertain whether it provided fair and reasonable terms for employees and whether it was consistent with the broader principles of the Act.

In its reasoning, the court noted that the agreement provided for wage increases and improved conditions for employees, which were in line with the objectives of the Fair Work Act. The court found that the agreement included provisions for dispute resolution that were fair and accessible to the employees. The court concluded that the agreement was consistent with the safety net provisions of the Act and met the criteria for approval. Therefore, the application for approval was granted.

The court's final orders were that the Capital Territory Fixing Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved as a safety net agreement under section 234 of the Fair Work Act 2009. This decision ensures that the employees of Capital Territory Fixing Pty Ltd are provided with fair wages and conditions as stipulated in 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