DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/933)

CONZPEC CIVIL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 APRIL 2020

Application for approval of the Conzpec Civil Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Conzpec Civil 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 24 April 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 Conzpec Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was proposed for the period 2019 to 2022 and sought to establish terms and conditions of employment for the employees of Conzpec Civil Pty Ltd. The Commission was tasked with determining whether the agreement was in the interests of the employees and compliant with the relevant industrial laws.

The central legal issues for the Commission to address were whether the agreement was made genuinely in the interests of the employees, whether it contained terms that were fair and reasonable, and whether it complied with the applicable provisions of the Fair Work Act 2009. The Commission also had to consider whether the agreement contained any unlawful terms or if it was otherwise contrary to public policy.

In its decision, the Commission examined the terms of the agreement and the submissions made by both parties. The Commission noted that the agreement provided for a range of employment conditions, including wages, hours of work, and other matters such as leave entitlements and dispute resolution procedures. The Commission found that the agreement was made in good faith and genuinely in the interests of the employees, as it provided for a range of benefits and protections that were not otherwise available. The Commission also found that the agreement contained terms that were fair and reasonable and did not contravene any relevant provisions of the Fair Work Act or any other applicable laws. Accordingly, the Commission approved the agreement, subject to certain minor modifications to ensure compliance with the law.

The Commission's final order was that the Conzpec Civil Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved, with the modifications noted in the decision. The agreement was to take effect from the date of the decision and remain in force until the end of the specified period. The decision provides clarity for both the employer and the union, as well as for the 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