DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5401)

CIVIC CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 NOVEMBER 2017

Application for approval of the Civic Contractors Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Civic Contractors Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[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, 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 December 2017. 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union lodged an application for the approval of a collective agreement between Civic Contractors Pty Ltd and the union. The agreement was for the period 2017 to 2018 and was intended to cover the employment conditions of workers in the contracting industry. The central dispute involved the union's request for the agreement to be made a registered agreement under the Fair Work Act 2009, which would allow it to be directly enforced and would prevent the employer from unilaterally changing the terms and conditions of employment.

The primary legal issue the Commission had to address was whether the collective agreement met the criteria for registration under section 180 of the Act. This involved considering whether the agreement had been made in good faith, whether it provided for a fair and efficient workplace, and whether it adhered to the terms of the Fair Work Act. The Commission also needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, particularly in light of the specific industry context and the need for flexibility in the contracting sector.

After reviewing the application and the submissions from both parties, the Commission found that the agreement was made in good faith and was conducive to a fair and efficient workplace. It was noted that the agreement provided for a balanced set of terms that considered the needs of both employers and employees, while also complying with the relevant provisions of the Act. The Commission was satisfied that the agreement met the necessary criteria for registration, taking into account the unique characteristics of the contracting industry. Consequently, the application was approved, and the collective agreement was registered as a bargaining tool that could be directly enforced by the union.

The Fair Work Commission ordered that the Civic Contractors Pty Ltd / CFMEU Collective Agreement 2017-2018 be approved and registered under the Fair Work Act 2009. This registration meant that the agreement could be directly enforced and would serve as a binding contract between the employer and the employees covered by the agreement. The decision also provided clarity for future collective bargaining in the contracting industry, ensuring that the rights and obligations of both parties were appropriately balanced and protected.

Construction, Forestry, 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