DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/300)

NDN REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the NDN Reo 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 NDN Reo 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 21 February 2020 and, in accordance with s 54, will operate from 28 February 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

In the matter of an application for approval of the NDN Reo Pty Ltd / CFMEU Collective Agreement 2019-2022, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a proposed enterprise agreement. NDN Reo Pty Ltd, a small construction company, opposed the approval on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the FWC were whether the proposed agreement contained the necessary provisions to ensure that it was fair and reasonably capable of being the basis of an enterprise agreement, as required by section 230 of the Act. The dispute focused on the CFMEU's assertion that the agreement was fair and reasonable, and NDN Reo's contention that certain provisions of the agreement did not meet the statutory criteria.

In deciding the matter, the FWC considered the content of the proposed agreement, the bargaining positions of the parties, and the relevance of the Fair Work (Registered Organisations) Amendment Act 2017. The FWC found that the agreement contained all necessary provisions and was fair and reasonable. The FWC noted that the agreement provided for adequate consultation and information-sharing mechanisms, as well as provisions for the resolution of disputes. Furthermore, the FWC found that the agreement was in line with relevant industry standards and practices. Accordingly, the FWC approved the agreement.

The FWC's decision to approve the agreement was based on a comprehensive assessment of the legal and factual issues in the case. The FWC found that the agreement was fair and reasonable and met the statutory requirements of the Fair Work Act 2009. The FWC's approval of the agreement is significant for both parties and for the broader construction industry, as it sets a precedent for the negotiation and approval of enterprise agreements in the sector.

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