DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/254)

SELECT GROUP NSW PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 FEBRUARY 2020

Application for approval of the Select Group NSW Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Select Group NSW Pty Limited / 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 17 February 2020 and, in accordance with s 54, will operate from 24 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

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Select Group NSW Pty Limited. The parties sought the Fair Work Commission's (FWC) approval of their collective agreement for the period 2019-2022. The union and the employer had entered into negotiations and reached an agreement, which they then submitted to the FWC for endorsement. The CFMEU sought to have the agreement approved, while Select Group did not oppose the application. The FWC was required to determine whether the agreement met the necessary criteria for approval.

The primary legal issue before the FWC was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FWC had to consider if the agreement was made in good faith and if it contained the necessary minimum terms and conditions. The FWC also needed to ensure that the agreement did not discriminate against employees or undermine the principles of the Fair Work Act.

The FWC found that the agreement was made in good faith and contained the necessary minimum terms and conditions. The FWC determined that the agreement did not contain any discriminatory provisions and that it did not undermine the principles of the Fair Work Act. The FWC also found that the agreement provided a fair and reasonable outcome for both the union and the employer. The FWC approved the collective agreement for the period 2019-2022, subject to certain modifications to ensure compliance with the Fair Work Act.

The FWC's final orders included the approval of the collective agreement with modifications to ensure compliance with the Fair Work Act. The modifications related to the agreement's provisions on the calculation of penalty rates and the payment of overtime. The FWC directed the parties to implement the approved agreement and to notify all affected employees. The FWC also noted that the agreement would remain in effect until the end of the specified period, unless terminated earlier in accordance with its terms or by operation of law.

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