DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1840)

SURE PROJECTS AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 JUNE 2018

Application for approval of the Sure Projects Australia Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sure Projects Australia 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 8 June 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 matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant, and Sure Projects Australia Pty Ltd, the respondent, the Fair Work Commission was tasked with deciding whether to approve the 2018 Collective Agreement between the parties. The dispute centred on the validity and fairness of the proposed agreement, which aimed to govern the terms and conditions of employment for employees of Sure Projects Australia Pty Ltd. The Commission examined whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees and the employer.

The primary legal issue before the Commission was whether the 2018 Collective Agreement met the statutory criteria for approval under section 233 of the Fair Work Act 2009. This included ensuring that the agreement did not prejudice the employee’s right to be protected from adverse action under section 348 and did not otherwise undermine the fundamental rights of employees. The Commission also had to consider whether the agreement was in the best interests of the employees and the employer, taking into account factors such as the nature of the bargaining, the need for a safety net, and the fairness of the agreement’s terms.

The Commission determined that the 2018 Collective Agreement did not meet the statutory criteria for approval. It found that certain provisions within the agreement could potentially prejudice employees' rights and undermine their protections under the Fair Work Act 2009. Furthermore, the Commission concluded that the agreement did not adequately address the interests of employees and the employer, particularly in relation to the safety net provisions. Consequently, the application for approval of the 2018 Collective Agreement was dismissed.

The Fair Work Commission ordered that the 2018 Collective Agreement between Sure Projects Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union be not approved. The Commission directed that the parties must return to the bargaining table to renegotiate the agreement in a manner that complies with the Fair Work Act 2009 and adequately addresses the interests of both employees and the employer.

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