Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 7725

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6794)

United Management NSW Pty Ltd/CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 20 DECEMBER 2018

Application for approval of the United Management NSW Pty Ltd/CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the United Management NSW Pty Ltd/CFMEU Collective Agreement 2018 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the United Management NSW Pty Ltd/CFMEU Collective Agreement 2018. The agreement pertained to the terms and conditions of employment for workers employed by United Management NSW Pty Ltd, and was intended to be registered as a single-employer agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement complied with the requirements of the Act, including whether it provided for minimum terms and conditions, and whether it was consistent with the objects of the Act.

The central issue before the Commission was whether the agreement provided for minimum terms and conditions in accordance with section 201 of the Act. The Commission noted that section 201(3) of the Act requires that a single-employer agreement must include minimum terms and conditions that are not less favourable than those provided for in the relevant award. The Commission further noted that section 201(4) of the Act requires that an agreement must not discriminate against any employee on the basis of their sex, family responsibilities, pregnancy, marital status, or carer’s responsibilities. The Commission also considered whether the agreement was consistent with the objects of the Act, which include the promotion of economic prosperity, and the provision of a safety net of minimum wages and conditions of employment.

The Commission found that the agreement provided for minimum terms and conditions that were not less favourable than those provided for in the relevant award. The Commission also found that the agreement did not discriminate against any employee on any of the prohibited grounds. The Commission further found that the agreement was consistent with the objects of the Act, including the promotion of economic prosperity and the provision of a safety net of minimum wages and conditions of employment. The Commission therefore approved the agreement as a single-employer agreement under the Act.

The Commission approved the United Management NSW Pty Ltd/CFMEU Collective Agreement 2018 as a single-employer agreement under the Fair Work Act 2009. The agreement will now apply to workers employed by United Management NSW Pty Ltd, and will provide for their minimum terms and conditions of employment.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established