DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/903)

CFMEU CONSTRUCTION & GENERAL DIVISION OFFICE COLLECTIVE AGREEMENT 2020-2022

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 MAY 2020

Application for approval of the CFMEU Construction & General Division Office Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement to be known as the CFMEU Construction & General Division Office Collective Agreement 2020-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 28 April 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks—Private Sector Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union Construction & General Division Office and its employees. The applicants sought approval of the CFMEU Construction & General Division Office Collective Agreement 2020-2022. The primary issue before the commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the process of its making and its content.

The commission considered whether the agreement was genuinely negotiated between the parties and whether it adhered to the principles of good faith bargaining. The commission examined the documentation and evidence provided, including the minutes of meetings and communications between the parties, to ascertain whether the negotiation process was conducted in good faith. Furthermore, the commission evaluated the terms of the agreement to ensure they were fair and reasonable and did not contravene any statutory provisions or public policy considerations.

After reviewing the evidence and arguments presented by both parties, the commission determined that the agreement was genuinely negotiated and complied with the requirements of good faith bargaining. The commission found that the negotiation process was transparent and that the terms of the agreement were fair and reasonable. Consequently, the commission approved the CFMEU Construction & General Division Office Collective Agreement 2020-2022, subject to the terms and conditions specified in the approval order.

The commission made an order approving the CFMEU Construction & General Division Office Collective Agreement 2020-2022, effective from the date of the decision. The order included specific conditions to ensure compliance with the Fair Work Act 2009 and to protect the rights of the employees. The approval was granted on the basis that the agreement met all the statutory requirements and did not contravene any relevant legislation or public policy considerations.

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