DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4635)

CALEDONIA NSW PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 DECEMBER 2019

Application for approval of the Caledonia NSW Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019.

[1] An application has been made for approval of a greenfields agreement known as the Caledonia NSW Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019 (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 the 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 6 January 2020. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caledonia NSW Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, Australian Capital Territory Branch (CFMEU ACT) applied to the Fair Work Commission (FWC) for approval of an enterprise agreement. The agreement was made in accordance with section 233 of the Fair Work Act 2009 (FW Act). Caledonia is a contractor in the construction industry, while CFMEU ACT represents employees in various industries, including construction. The dispute centred on the terms and conditions of the proposed enterprise agreement, particularly regarding wage rates and other employment conditions.

The central legal issues before the FWC were whether the proposed agreement met the requirements of the FW Act, particularly sections 227 and 233. Section 227 mandates that an enterprise agreement must provide for, among other things, the parties' employees' wages and conditions. Section 233 requires that an agreement must be approved if it is free from prohibited content and does not contravene any of the provisions of the FW Act. The FWC had to determine whether the proposed agreement complied with these statutory requirements.

The FWC assessed the proposed agreement, considering the submissions from both parties and the broader implications for the industry and workforce. It determined that the agreement met the criteria set out in the FW Act, including providing for fair and reasonable wages and conditions. The FWC found that the proposed agreement was not only in line with the legislative framework but also beneficial to the employees, as it offered improved terms compared to the existing industrial instruments. Consequently, the FWC approved the Caledonia NSW Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019, recognising it as a lawful and fair enterprise agreement under the FW Act.

The FWC's decision concluded that the agreement was to be approved and registered under the FW Act, effective from the date of the decision. This approval validated the agreement, allowing it to govern the employment terms and conditions between Caledonia and the CFMEU ACT members for the specified period. The FWC's ruling reinforced the importance of ensuring that enterprise agreements adhere to the legislative standards while also promoting fair and reasonable outcomes for the workforce.

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