DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/736)

FUGEN GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 MARCH 2020

Application for approval of the Fugen Group of Companies / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Fugen Group of Companies / 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 3 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 the Fugen Group of Companies, with the Fair Work Commission being the court of decision. The union sought approval for a collective agreement covering the period 2019-2022. The primary nature of the dispute centred around the terms and conditions set forth in the proposed agreement, including wages, working hours, and other employment-related matters.

The legal issues before the court involved assessing whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. This included determining if the agreement met the necessary standards for minimum wages and conditions, as well as ensuring that the process of agreement-making adhered to procedural fairness. Additionally, the court had to consider whether the agreement was in the best interest of the employees and the employers involved.

In its decision, the Fair Work Commission examined the specifics of the proposed agreement, taking into account the bargaining positions of both the union and the employer group. The court concluded that the agreement met the statutory minimum standards and was fair and reasonable. The Commission found that the process by which the agreement was made was transparent and that the terms provided adequate protection for the employees while also being reasonable for the employers. Consequently, the court approved the collective agreement, finding it to be compliant with the relevant legislative requirements.

The final orders of the court were that the CFMEU and the Fugen Group of Companies' collective agreement for the period 2019-2022 was approved and registered under the Fair Work Act 2009. This decision confirmed the legal validity and enforceability of the agreement between the 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