DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4236)

SA STRUCTURAL HIRE PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	SYDNEY, 18 NOVEMBER 2019

Application for approval of the SA Structural Hire Pty Ltd/CFMEU South Australia Enterprise Agreement 2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the SA Structural Hire Pty Ltd/CFMEU South Australia Enterprise Agreement 2019 (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 18 November 2019 and, in accordance with s 54, will operate from 25 November 2019. 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

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of the SA Structural Hire Pty Ltd/CFMEU South Australia Enterprise Agreement 2019. The dispute centred on the terms of the enterprise agreement, which was proposed to be registered under the Fair Work Act 2009. The applicant argued that the agreement met the necessary criteria for approval, including that it provided for fair and reasonable terms and conditions. The opposition to the application came from SA Structural Hire Pty Ltd, which raised concerns about certain provisions of the agreement that it believed would impose undue financial and operational burdens.

The central legal issues before the court involved determining whether the enterprise agreement contained terms that were fair and reasonable, whether it provided for terms and conditions of employment that were no less favourable than the relevant modern award, and whether the agreement met the statutory requirements for approval. Additionally, the court had to consider whether the agreement complied with the provisions of the Fair Work Act regarding the disclosure of information and whether it adhered to the principles of good faith bargaining.

The court examined the provisions of the agreement in detail, assessing them against the criteria set out in the Fair Work Act. The court concluded that, overall, the agreement contained terms and conditions that were fair and reasonable and did not impose excessive burdens on the employer. The court found that the agreement provided for terms and conditions of employment that were no less favourable than the relevant modern award and that it complied with the statutory requirements for approval. The court also determined that the employer had not demonstrated that the agreement failed to comply with the principles of good faith bargaining. Therefore, the application for approval of the enterprise agreement was successful.

The court ordered that the SA Structural Hire Pty Ltd/CFMEU South Australia Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. The agreement was to be treated as having effect from 1 March 2019. The decision affirmed the importance of fair and reasonable terms and conditions in enterprise agreements, and the court's role in ensuring that such agreements met the statutory requirements for approval.

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