DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1338)

NHGM SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 MAY 2020

Application for approval of the NHGM Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the NHGM Services 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 1 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for the approval of the NHGM Services Pty Ltd/CFMEU Collective Agreement 2019-2022. NHGM Services is a company that provides services in the construction industry. The CFMEU is the union representing the employees of NHGM Services. The dispute centred on the terms and conditions outlined in the proposed collective agreement, which included wages, working hours, and other employment-related matters. The FWC, as the body responsible for overseeing and approving such agreements, needed to ensure that the proposed terms complied with the Fair Work Act 2009 (Cth).

The primary legal issue before the FWC was whether the terms and conditions of the proposed collective agreement complied with the statutory requirements under the Fair Work Act. Specifically, the FWC had to assess whether the agreement met the ‘better off overall test’ and whether it contained any provisions that could be considered contrary to the public interest. The ‘better off overall test’ requires that employees are not worse off financially in the overall package of terms and conditions provided by the agreement compared to their previous terms. Additionally, the FWC examined if the agreement contained any terms that might undermine public safety or be otherwise contrary to public interest.

The FWC conducted a detailed analysis of the proposed agreement, considering various submissions from both the CFMEU and NHGM Services. The Commission determined that the proposed agreement met the better off overall test and did not contain any terms that were contrary to the public interest. The FWC found that the agreement provided employees with fair wages, reasonable working hours, and other terms that were in line with industry standards. The FWC concluded that the agreement would not adversely affect the employees' overall financial position and that it promoted a fair and balanced relationship between the employer and the employees.

As a result, the FWC approved the NHGM Services Pty Ltd/CFMEU Collective Agreement 2019-2022. The approved agreement now legally binds both NHGM Services and its employees, ensuring that the terms and conditions are fair and reasonable, and compliant with the statutory requirements under the Fair Work Act.

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