DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/908)

SYDNEY PROJECTS CO (AUSTRALIA) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 APRIL 2020

Application for approval of the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Projects Co (Australia) 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 16 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Sydney Projects Co (Australia) Pty Ltd, concerning the approval of a collective agreement for the period 2019 to 2022. The matter was heard in the Fair Work Commission (FWC), which is responsible for handling disputes related to workplace laws in Australia.

The primary legal issue before the FWC was whether the collective agreement, as proposed by the CFMEU and Sydney Projects Co, met the requirements under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement complied with the provisions for good faith bargaining and whether it included any unlawful provisions that might be contrary to public policy or not in the best interest of the employees.

The FWC carefully examined the proposed agreement, taking into account the principles of good faith bargaining and the specific statutory requirements outlined in the Fair Work Act. The Commission noted that both parties had engaged in genuine discussions and negotiations, which indicated a good faith effort. The FWC found that the agreement contained no unlawful provisions and was fair and reasonable, considering the interests of both the employer and the employees. Consequently, the FWC approved the collective agreement, acknowledging the adherence to the legislative framework and the fair outcomes for the employees involved.

In summary, the FWC granted approval for the collective agreement between the CFMEU and Sydney Projects Co, confirming its compliance with the statutory requirements and its fairness to all parties.

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