DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1076)

SHARVAIN PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2020

Application for approval of the Sharvain Pty. Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Sharvain Pty. Limited / 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 4 May 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Sharvain Pty. Limited and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2019-2022. The parties were in dispute over the terms and conditions of the agreement, particularly focusing on whether it complied with relevant statutory requirements and whether it was in the best interests of the employees.

The legal issues that the court had to address were primarily concerned with the procedural and substantive fairness of the agreement. The court had to determine if the agreement had been negotiated in good faith, if it adhered to the Fair Work Act 2009, and if it met the criteria for being a "single-employer agreement" as per the legislation. Additionally, the court needed to consider whether the agreement provided appropriate protections and benefits to the employees.

The court found that the agreement had been negotiated in good faith and that it complied with the requirements of the Fair Work Act. The court took into account the parties' conduct throughout the negotiation process, the content of the agreement, and the overall fairness of the terms to the employees. The court concluded that the agreement was substantively fair, providing adequate protections and benefits to the employees, and met the necessary statutory criteria. Consequently, the court approved the collective agreement.

The final orders of the court were that the Sharvain Pty. Limited / CFMEU Collective Agreement 2019-2022 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved terms.

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