DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/332)

THE EUROPEAN GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2020

Application for approval of The European Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as The European Group Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 February 2020 and, in accordance with s 54, will operate from 3 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The European Group Pty Ltd applied for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission heard the application. The union represented employees in various industries and had a history of industrial disputes. The employer was a significant player in the construction industry and had engaged in negotiations with the union over the collective agreement.

The key legal issues for the Commission were whether the collective agreement complied with the Fair Work Act and whether it was in the best interests of the employees. The Commission needed to assess the agreement's provisions on wages, conditions, dispute resolution, and other matters. The union argued that the agreement was fair and reasonable, while the employer emphasised the need for flexibility in the workplace. The Commission also had to consider the potential impact of the agreement on the employer's business and the broader industry.

The Commission found that the collective agreement was generally fair and reasonable. The agreement provided for a reasonable balance between the interests of the employer and employees. The Commission noted that the agreement included provisions for wage increases, dispute resolution, and other matters that were consistent with the Fair Work Act. 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. The Commission approved the collective agreement, subject to certain modifications to address minor concerns.

The Fair Work Commission approved the collective agreement with modifications. The modifications related to specific provisions regarding shift patterns and the calculation of overtime. The Commission noted that the modifications were minor and did not significantly alter the overall balance of the agreement. The Commission considered that the modifications were necessary to ensure compliance with the Fair Work Act and to address the concerns of both parties. The approval of the collective agreement will provide certainty and stability to the employer and employees for the duration of 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