DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1168)

SUNSHINE CONTRACTING GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MAY 2020

Application for approval of the Sunshine Contracting Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Sunshine Contracting Group 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 13 May 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) lodged an application with the Fair Work Commission for the approval of the Sunshine Contracting Group Pty Ltd / CFMEU Collective Agreement 2019-2022. The Sunshine Contracting Group Pty Ltd contested the application, raising concerns over certain provisions within the agreement. The legal issues the court needed to determine centred around the validity of specific clauses in the proposed agreement and whether these clauses met the requirements under the Fair Work Act 2009.

The Fair Work Commission assessed the provisions in question, focusing on whether they complied with the relevant provisions of the Fair Work Act. The court examined the nature of the clauses, their implications for both employers and employees, and whether they adhered to the principles of good faith bargaining and fairness. The Commission found that while most of the agreement was in line with the statutory requirements, certain clauses did not meet the criteria for approval. The court provided detailed reasoning for its decision, highlighting specific provisions that were problematic and explaining why they failed to comply with the Act.

Following its analysis, the Commission approved the collective agreement with modifications to the contested clauses. The decision ensured that the agreement complied with the Fair Work Act while addressing the concerns raised by the employer. The final orders mandated that the amended agreement be submitted for further review to ensure all provisions met the legal standards set forth in the Act. The court's decision provided clarity on the specific changes needed and set a precedent for similar agreements in the future.

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