DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/994)

CATHAY CHUNG YUE ESTATE AUST PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 APRIL 2020

Application for approval of the Cathay Chung Yue Estate Aust Pty. Ltd. / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Cathay Chung Yue Estate Aust 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 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 29 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Cathay Chung Yue Estate Aust Pty. Ltd. The Fair Work Commission was asked to assess whether the agreement met the requirements of the Fair Work Act 2009. The agreement related to the terms and conditions of employment for workers at the Cathay Chung Yue Estate in Australia. The parties presented arguments concerning the fairness and compliance of the agreement under the Act.

The primary legal issue was whether the agreement satisfied the criteria for approval under section 234 of the Act. This involved examining if the agreement provided for a fair and efficient system for resolving disputes, whether it allowed for a fair and efficient system for determining wages and other conditions of employment, and if it did not unfairly discriminate against any class of employee. The CFMEU argued that the agreement was fair and efficient, while Cathay Chung Yue Estate Aust Pty. Ltd. contended that certain provisions were problematic.

The Commission found that the agreement was largely in compliance with the Act. It considered the parties' submissions and the provisions of the agreement. The Commission concluded that the agreement provided for fair and efficient dispute resolution mechanisms, and it did not unfairly discriminate against any class of employee. The Commission found some minor issues but determined they did not undermine the overall fairness of the agreement. Consequently, the Commission approved the agreement with minor modifications.

The Fair Work Commission approved the Cathay Chung Yue Estate Aust Pty. Ltd. / CFMEU Collective Agreement 2019-2022 with minor modifications. The modifications were designed to address the specific concerns raised by the Commission. The approval allowed the agreement to take effect, governing the employment conditions of workers at the Cathay Chung Yue Estate for the specified period.

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