DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/518)

METSQUARE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Metsquare 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 20 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Metsquare Pty Ltd / CFMEU Collective Agreement 2019-2022. The application was contested by Metsquare Pty Ltd. The primary dispute centred on the terms and conditions of employment outlined in the proposed collective agreement. The case required the Commission to determine whether the agreement was fair and reasonable in all its aspects.

The legal issues before the Commission included whether the agreement provided for appropriate minimum rates of pay, conditions of employment, and other terms and conditions that were fair and reasonable. The Commission also needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Furthermore, the Commission had to assess if the agreement was in the best interests of the employees and if it appropriately balanced the needs of the employer and employees.

In its decision, the Commission carefully examined the provisions of the agreement and the evidence presented by both parties. The Commission noted that the agreement contained provisions for minimum rates of pay and conditions of employment that were consistent with industry standards and provided for adequate protections for employees. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. After considering all the evidence and arguments, the Commission approved the collective agreement, finding it to be fair and reasonable in all its aspects.

The Fair Work Commission approved the Metsquare Pty Ltd / CFMEU Collective Agreement 2019-2022. The approval is effective from the date of the decision and will remain in force until the end of the agreement's term. The Commission's decision provides certainty for both the employer and employees, ensuring that the terms and conditions of employment are fair and reasonable.

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