DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/255)

FLH NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

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

[1] An application has been made for approval of an enterprise agreement known as the FLH NSW 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 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 Federal Court of Australia presided over an application for the approval of a collective agreement between FLH NSW Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the years 2019 to 2022. The CFMEU sought approval of the agreement under the Fair Work Act 2009, which mandates that certain collective agreements be approved by the Fair Work Commission or the Fair Work Commission. This application arose from negotiations between FLH NSW Pty Ltd and the CFMEU, which culminated in a collective agreement covering various terms and conditions of employment for employees within the company.

The primary legal issue the court had to address was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved determining whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the interests of the employees it covered. The court also had to consider whether the agreement complied with other legislative provisions, such as those related to industrial action and protected industrial action.

The court found that the agreement was fair and reasonable, and that it was in the interests of the employees. The agreement contained provisions for fair wages, working conditions, and dispute resolution mechanisms. The court also noted that the agreement complied with relevant legislative requirements, including those related to industrial action. The court concluded that the agreement met all necessary criteria for approval and granted the application for approval of the collective agreement. The final orders included the approval of the FLH NSW Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the terms and conditions set out in 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