DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2664)

CIP CONSTRUCTIONS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 6 JULY 2018

Application for approval of the CIP Constructions (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CIP Constructions (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.

[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 13 July 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of a collective agreement with CIP Constructions (NSW) Pty Ltd, which was subsequently brought before the Fair Work Commission. The CFMEU sought approval for the CIP Constructions (NSW) Pty Ltd/CFMEU Collective Agreement 2018, which would govern the employment conditions for workers employed by CIP Constructions in New South Wales. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues for the Commission to determine were whether the agreement contained any terms that were contrary to the public interest, whether it provided for the fair and reasonable resolution of workplace disputes, and whether it met the requirements for registration under the Fair Work Act. The CFMEU argued that the agreement was necessary to protect the rights and interests of the workers, while CIP Constructions (NSW) Pty Ltd contended that certain provisions of the agreement were unreasonable and should not be approved.

In its decision, the Commission considered the provisions of the proposed agreement and the relevant statutory provisions. The Commission found that while some provisions were contentious, the overall agreement did not contain any terms that were contrary to the public interest or unreasonable. The Commission also found that the agreement provided for a fair and reasonable process for resolving workplace disputes. Accordingly, the Commission approved the CIP Constructions (NSW) Pty Ltd/CFMEU Collective Agreement 2018, subject to certain modifications to address the concerns raised by CIP Constructions (NSW) Pty Ltd. The CFMEU and CIP Constructions (NSW) Pty Ltd were ordered to implement the approved agreement within the specified timeframe.

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