DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1225)

SCENTRE DESIGN AND CONSTRUCTION PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2019

Application for approval of the Scentre Design and Construction Pty Limited / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Scentre Design and Construction Pty Limited / CFMEU Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 3 May 2019. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Scentre Design and Construction Pty Limited (Scentre). The nature of the dispute was an application for approval of a collective agreement between the two parties. The case was heard in the Fair Work Commission of Australia. The legal issues that the court was required to decide related to the validity of the collective agreement and whether it complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it contained any provisions that were contrary to public policy.

The court's reasoning and outcome focused on the requirement for the agreement to be made in good faith. The court found that the agreement was made in good faith and that there were no provisions that were contrary to public policy. The court emphasised the importance of the parties negotiating in good faith and reaching an agreement that was fair and reasonable. The court also noted that the agreement contained provisions that were beneficial to both parties and that it was in the best interests of the employees and the employer. The court approved the collective agreement, finding that it met the requirements of the Fair Work Act 2009.

The final orders of the court were that the collective agreement between the CFMEU and Scentre Design and Construction Pty Limited was approved and registered under the Fair Work Act 2009. The agreement was deemed to be a valid and enforceable agreement between the parties and would remain in effect until it was terminated or varied in accordance with the Fair Work Act 2009. The court's decision provided clarity and certainty for both parties and ensured that the agreement was fair and reasonable for all involved.

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