DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/668)

ELLSWORTH PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Ellsworth 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 31 March 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Ellsworth Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The Commission was tasked with determining whether the agreement complied with the relevant legislative provisions and whether it was in the best interests of the employees. The central issue was the fairness and reasonableness of the terms and conditions set forth in the agreement, particularly in light of the economic context and the bargaining power of the parties involved.

The legal issues that the Commission needed to resolve included whether the agreement met the statutory requirements under the Fair Work Act 2009, such as whether it provided for a minimum rate of pay and entitlements that were no less favourable than the relevant award or registered agreement. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was likely to promote harmonious, productive, and cooperative workplace relations. The Commission also had to assess whether the agreement adequately addressed the needs and interests of the employees, particularly in relation to wage progression, leave entitlements, and other employment conditions.

In reaching its decision, the Commission examined the bargaining history and the circumstances surrounding the negotiation of the agreement. It considered the economic context, the bargaining power of the parties, and the overall fairness and reasonableness of the agreement's terms. The Commission also took into account the submissions made by the parties and relevant stakeholders. Ultimately, the Commission determined that the agreement met the legislative requirements and was in the best interests of the employees. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment and was likely to promote harmonious, productive, and cooperative workplace relations.

The Commission made an order approving the Ellsworth Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the terms and conditions specified in the decision. The approval was effective from the date of the decision and was to remain in force until the end of the agreement period, unless terminated earlier in accordance with the agreement or the law. The Commission also directed that the agreement be registered with the Fair Work Commission and that copies of the approved agreement be provided to the relevant parties and stakeholders.

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