DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4889)

BENENDEN INVESTMENTS PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 DECEMBER 2019

Application for approval of the Benenden Investments Pty Ltd/CFMEU South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Benenden Investments Pty Ltd/CFMEU South Australia Enterprise Agreement 2019 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval for the Benenden Investments Pty Ltd/CFMEU South Australia Enterprise Agreement 2019. The dispute arose in the Fair Work Commission, the body responsible for regulating and approving such agreements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the legal requirements for approval, including whether it complied with the provisions of the Fair Work Act, particularly in relation to its fairness and public interest considerations.

The Commission examined the agreement's provisions to ensure they were in line with the statutory framework. Key areas of focus included the agreement's impact on employee entitlements, working conditions, and the potential for it to promote or hinder industrial harmony. The Commission assessed whether the agreement contained provisions that were not genuinely bargained between the parties, whether it unfairly disadvantaged any employees, and if its provisions aligned with broader public interest considerations.

After a thorough analysis, the Commission determined that the agreement met the necessary criteria for approval. The agreement was found to have been genuinely negotiated between the parties, and it contained provisions that were fair and did not unjustifiably disadvantage any employees. Additionally, the agreement was deemed to promote industrial harmony and was consistent with public interest considerations. Consequently, the Commission approved the Benenden Investments Pty Ltd/CFMEU South Australia Enterprise Agreement 2019, recognising its compliance with the statutory requirements.

The final orders included the approval of the enterprise agreement, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement. The decision highlighted the importance of ensuring that enterprise agreements meet the legal standards set out in the Fair Work Act, while also promoting fair and harmonious industrial relations.

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