DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/326)

CITI MANAGERS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2020

Application for approval of the Citi Managers Pty Ltd / CFMEU Collective Agreement 2019-2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Citi Managers Pty Ltd / CFMEU Collective Agreement 2019-2020 (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 24 February 2020 and, in accordance with s 54, will operate from 2 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement with Citi Managers Pty Ltd. The union sought to have the agreement recognised as a valid and enforceable document under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the legal requirements for approval, including whether it was genuinely negotiated and free from any form of coercion or undue influence.

The legal issues at the heart of the case revolved around the procedural fairness of the agreement, the authenticity of the negotiation process, and the absence of any improper influences that could have impacted the union's decision to enter into the agreement. The Commission needed to ensure that the agreement was genuinely reflective of the union's intent and that the employees' rights and interests were adequately protected. Additionally, the Commission examined whether the agreement complied with relevant provisions of the Fair Work Act and any applicable regulations.

In reaching its decision, the Commission thoroughly reviewed the evidence provided by both parties and assessed the circumstances under which the agreement was negotiated and signed. The Commission found that the union had acted in good faith and that the agreement was the result of genuine negotiations. It was satisfied that the union had not been subjected to any form of coercion or undue influence, and that the agreement fairly represented the terms and conditions of employment for the workers involved. Based on these findings, the Commission approved the collective agreement, recognising it as a lawful and binding instrument under the Fair Work Act.

The Commission's final orders included the approval of the collective agreement between the CFMEU and Citi Managers Pty Ltd, effective from the dates specified in the agreement. The decision underscored the importance of ensuring that collective agreements are negotiated fairly and without undue influence, and that they adequately protect the rights and interests of the employees involved.

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