Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 3873

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2433)

Sydney Civic Contracting Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 29 JUNE 2018

Application for approval of the Sydney Civic Contracting Pty Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Sydney Civic Contracting 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 6 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 case before the court involved an application by Sydney Civic Contracting Pty Ltd for the approval of a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard by the Fair Work Commission, which has the authority to approve such agreements under Australian labour law. The CFMEU opposed the approval of the agreement, raising concerns about various provisions within it. The court had to determine whether the proposed agreement met the criteria for approval as set out in the Fair Work Act 2009.

The central legal issue before the court was whether the proposed agreement complied with the statutory requirements for approval. Specifically, the court needed to assess whether the agreement was consistent with the provisions of the Fair Work Act and whether it met the standards for good faith bargaining and the protection of employee rights. The CFMEU argued that certain clauses within the agreement were unfair and did not represent the best interests of the employees. The court was tasked with evaluating these contentions and deciding whether the agreement could be approved as it stood, or if amendments were necessary.

The Fair Work Commission, after thorough consideration of the arguments presented by both parties, found that the proposed agreement largely met the statutory requirements for approval. The court acknowledged the concerns raised by the CFMEU but concluded that the provisions in question did not breach the standards for good faith bargaining or the protection of employee rights. The Commission determined that while some clauses could benefit from minor adjustments to better align with the interests of the employees, the overall agreement was fair and could be approved. The court thus decided to approve the agreement, subject to the specified amendments, ensuring that it complied with the statutory framework.

In light of the above, the Fair Work Commission approved the Sydney Civic Contracting Pty Ltd / CFMEU Collective Agreement 2018, with the condition that certain amendments be made to address the concerns raised by the CFMEU. The court specified these amendments and set a timeline for their implementation. The decision ensured that the agreement would proceed in a manner that upheld the principles of good faith bargaining and protected employee rights, while also meeting the statutory requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established