DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/828)

SYDNEY PROJECTS CO (AUSTRALIA) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Projects Co (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 5 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2018. The application for approval was brought before the Fair Work Commission (FWC), an Australian federal statutory body, to determine if the agreement met the necessary requirements under the Fair Work Act 2009. The primary issue before the FWC was whether the collective agreement, which had been negotiated between the Sydney Projects Co (Australia) Pty Ltd and the CFMEU, satisfied the criteria for approval as prescribed by the Fair Work Act 2009. This involved assessing the agreement's compliance with the legislative framework, including the provisions on employee representation, bargaining processes, and the overall fairness of the terms agreed upon.

The FWC examined the negotiation process and the content of the agreement to ensure it was not contrary to public policy or industrial peace. The Commission evaluated whether the agreement provided for genuine and meaningful representation and if the terms were fair and reasonable in all circumstances. The FWC also considered the balance of power between the employer and the union, ensuring that the agreement did not unduly favour one party. After a thorough review of the application, the FWC found that the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2018 complied with the legislative requirements and met the necessary standards for approval. The agreement was found to be fair, reasonable, and in line with the principles of the Fair Work Act 2009.

The FWC approved the collective agreement, affirming that it appropriately addressed the terms and conditions of employment for the workers involved. This decision upheld the integrity of the bargaining process and ensured that the agreement would operate effectively within the framework of Australian industrial relations law. The final orders of the FWC included the approval of the collective agreement, which would now serve as a binding contract between the Sydney Projects Co (Australia) Pty Ltd and the CFMEU, governing the employment conditions of the workers.

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