DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2667)

SYDNEY CONTRACTORS NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the Sydney Contractors NSW Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Contractors 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] 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 for the approval of a collective agreement between Sydney Contractors NSW Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement in question was the Sydney Contractors NSW Pty Ltd / CFMEU Collective Agreement 2018. The applicant, Sydney Contractors NSW Pty Ltd, sought the court's endorsement of this agreement under the Fair Work Act 2009. The CFMEU contested the application, raising concerns over certain provisions of the agreement that they argued were not in the best interests of their members. The dispute was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and collective bargaining in Australia.

The central legal issue before the court was whether the collective agreement should be approved. This required the court to consider whether the agreement was in the best interests of the employees, as mandated by the Fair Work Act. The court had to examine the specific provisions of the agreement, including those contested by the CFMEU, to determine if they met the legal criteria for approval. This involved an analysis of the agreement's compliance with the relevant provisions of the Fair Work Act, including the requirement that the agreement must be in the best interests of the employees it covers.

The court conducted a thorough review of the agreement, focusing particularly on the contested provisions raised by the CFMEU. After examining the evidence and arguments presented by both parties, the court found that the agreement, while not perfect, generally met the legal criteria for approval. The court concluded that the benefits of the agreement, particularly in terms of wages and working conditions, outweighed the concerns raised by the CFMEU. Consequently, the court determined that the agreement was in the best interests of the employees and approved the Sydney Contractors NSW Pty Ltd / CFMEU Collective Agreement 2018. The court's decision was based on a balanced consideration of the evidence and a careful application of the relevant legal standards.

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