DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1163)

SITE PACIFIC GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MAY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Site Pacific 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 12 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between Site Pacific Group Pty Ltd and the CFMEU. The agreement, dated 2019-2022, aimed to regulate the employment terms and conditions of workers employed by Site Pacific Group. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically addressing if it included provisions that were contrary to public policy or if it was made in accordance with the requirements of the Act.

The primary legal issues before the Commission were whether the agreement contained provisions that were against public policy and whether it complied with the procedural requirements stipulated in the Fair Work Act. The Commission needed to examine the provisions of the agreement to determine if they were consistent with the broader objectives of the Act, including the protection of employees and the maintenance of a fair and equitable workplace. Furthermore, the Commission assessed if the agreement was made in a manner that adhered to the statutory framework for the making of such agreements.

In its decision, the Commission found that the agreement did not contain any provisions that were against public policy. It determined that the agreement was made in accordance with the requirements of the Act and that all procedural steps were properly followed. The Commission approved the agreement, confirming that it met the necessary criteria for registration under the Fair Work Act. The approval of the agreement was seen as a means to provide stability and certainty in the employment relationship between Site Pacific Group and the CFMEU, ensuring that the rights and obligations of both parties were clearly defined and enforceable.

The Commission's final order was the approval of the Site Pacific Group Pty Ltd / CFMEU Collective Agreement 2019-2022, ensuring that it would be registered and enforceable under the Fair Work Act. This decision provided a framework for the terms and conditions of employment for the workers of Site Pacific Group, reflecting a balance between the interests of the employer and the workforce represented by the CFMEU.

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