Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 662

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2018/179)

Sydney Labour & Construction Pty. Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Sydney Labour & Construction Pty. Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Sydney Labour & Construction 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, 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, 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 8 February 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, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement between Sydney Labour & Construction Pty Ltd and the CFMEU. The dispute involved the terms of the agreement, particularly those relating to the classification and payment of workers. The application was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues before the Commission were whether the collective agreement complied with the Fair Work Act 2009, specifically concerning the proper classification of employees and the fairness of the terms and conditions outlined. The Commission had to determine if the agreement provided for a fair and efficient workplace, without undermining the principles of good faith bargaining or the rights of employees.

The Commission found that the agreement largely adhered to the provisions of the Fair Work Act, ensuring fair classification and remuneration of employees. However, it identified certain clauses that did not sufficiently protect employees' rights or align with the principles of good faith bargaining. After negotiations and amendments to the agreement, the Commission concluded that the collective agreement was fair and met the statutory requirements.

The Fair Work Commission approved the collective agreement with the conditions that certain clauses be revised to better reflect the principles of good faith bargaining and employee protection. The final orders included specific directions for the amendment of the agreement to address the identified shortcomings, ensuring compliance with the Fair Work Act.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established