DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1205)

SITESERV AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 MAY 2020

Application for approval of the Siteserv Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Siteserv Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2020. The nominal expiry date of the Agreement is 2 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to have the Siteserv Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019 approved by the Fair Work Commission. The dispute arose from a disagreement over certain provisions within the agreement that Siteserv Australia Pty Ltd claimed were unfair or not in line with legislative standards. The Fair Work Commission was the court that presided over the application.

The legal issues before the Commission were primarily focused on whether specific clauses within the collective agreement were unfair and if they complied with the relevant sections of the Fair Work Act 2009. The contested clauses related to provisions on working hours, penalty rates, and provisions concerning the use of subcontractors. The Commission had to determine if these clauses were fair and if they adhered to the legislative framework designed to protect employees' rights.

The Fair Work Commission, after careful examination of the arguments presented by both parties, found that several clauses within the agreement did indeed contravene the principles of fairness and legislative standards. The Commission particularly highlighted issues with the provisions regarding penalty rates and the use of subcontractors, noting that they did not provide adequate protection to employees. Consequently, the Commission did not approve the collective agreement in its entirety, instead mandating revisions to ensure compliance with the Fair Work Act 2009. The Commission provided specific directions on the necessary changes to the clauses to render them fair and compliant.

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