DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1011)

FOXVILLE PROJECTS GROUP (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 APRIL 2020

Application for approval of the Foxville Projects Group (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Foxville Projects Group (NSW) 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 29 April 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 sought to have an industrial agreement approved by the Fair Work Commission. The agreement was between the union and the Foxville Projects Group (NSW) Pty Ltd, covering the period from 2019 to 2022. The dispute arose when the Foxville Projects Group objected to the approval of the agreement, arguing it was not in accordance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Act.

The primary legal issue before the Commission was whether the agreement provided for the protection of employees' wages, conditions, terms, and other matters of importance. The Commission also needed to consider whether the agreement was made in good faith, and whether it was in the best interests of the employees involved. Furthermore, the Commission was required to assess whether the agreement complied with any relevant industrial instruments, and whether it met the requirements of the Fair Work Act.

In reaching its decision, the Commission examined the contents of the agreement and found that it provided for the protection of employees' wages, conditions, and other important matters. The Commission was satisfied that the agreement was made in good faith and was in the best interests of the employees involved. The Commission also found that the agreement complied with any relevant industrial instruments and met the requirements of the Fair Work Act. Based on these findings, the Commission approved the agreement and directed that it be registered with the Registrar of the Fair Work Commission.

The final order of the Commission was that the Foxville Projects Group (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved and registered with the Registrar of the Fair Work Commission. The agreement was to take effect from the date of registration and would remain in force until the end of the specified period, or until it was varied or replaced by a new agreement. The Foxville Projects Group (NSW) Pty Ltd was directed to provide a copy of the approved agreement to each of its employees covered by the agreement.

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