DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/906)

CM GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 APRIL 2018

Application for approval of the CM Group Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CM Group 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 12 April 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, an application was made for the approval of a collective agreement between the CM Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the year 2018. The application was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The CFMEU sought to have the agreement approved, while CM Group Pty Ltd opposed the approval on several grounds, primarily arguing that the agreement included terms that were contrary to public policy.

The central legal issues before the Commission were whether the terms of the proposed agreement were consistent with the Fair Work Act 2009 and whether they complied with relevant public policy considerations. Specifically, the Commission needed to determine if the agreement’s provisions regarding penalty rates for Sunday work were lawful and if the agreement adequately protected the rights of employees under the Act.

The Commission found that the terms of the agreement were generally consistent with the requirements of the Fair Work Act. However, it identified that certain provisions concerning penalty rates for Sunday work did contravene public policy by encouraging excessive use of such rates, potentially undermining the integrity of the award system. Consequently, these specific provisions were not approved. The Commission upheld the remaining terms of the agreement, finding them to be fair and reasonable. The decision balanced the interests of the parties, ensuring that employees received fair compensation while maintaining the integrity of the industrial relations system.

The Fair Work Commission approved the collective agreement with the specified terms concerning Sunday penalty rates removed. The decision underscored the importance of ensuring that any collective agreement adheres to public policy and legislative requirements while also recognising the need for fair terms that protect the rights of employees.

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