DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/264)

SRG BUILDING (NORTHERN) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the SRG Building (Northern) Pty Ltd and CFMEU Union CollectiveAgreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the SRG Building (Northern) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between SRG Building (Northern) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The union sought to have the collective agreement, which was intended to cover the period from 2018 to 2019, formally recognised and approved by the Commission. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters, as outlined in the collective agreement.

The primary legal issues before the Commission were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, and whether it met the criteria for being a "registered agreement" under the Act. In particular, the Commission had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The Commission also needed to ensure that the agreement did not undermine the principles of the modern industrial relations system.

After examining the evidence and submissions from both parties, the Fair Work Commission determined that the collective agreement met the necessary legal requirements. The Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. The terms and conditions of employment as outlined in the agreement were considered to be reasonable and balanced, taking into account the needs of both the employer and the employees. The Commission also confirmed that the agreement did not undermine the principles of the modern industrial relations system. As a result, the Commission approved the collective agreement and registered it under the Fair Work Act 2009.

The final orders of the Commission included the approval and registration of the SRG Building (Northern) Pty Ltd and CFMEU Union Collective Agreement 2018-2019, effective from the date of the Commission's decision. The agreement was to apply to the employees covered by the agreement for the specified period, and the terms and conditions outlined in the agreement were to govern the employment relationship between the parties during that time. The Commission's decision provided certainty and clarity for both the employer and the employees, ensuring that the terms of their employment were governed by a legally recognised and approved collective 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