DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5837)

SRG BUILDING (NORTHERN) PTY LTD AND CFMEU ACT POST-TENSIONING SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016 (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 6 October 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by SRG Building (Northern) Pty Ltd to the Fair Work Commission for the approval of the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016. The Construction, Forestry, Mining and Energy Union (CFMEU) opposed the application. The dispute centred on the enforceability of certain clauses in the agreement, particularly those relating to the payment of superannuation and the classification of workers. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the payment of superannuation and the classification of workers. The CFMEU argued that certain provisions in the agreement did not adequately protect employee entitlements, particularly in relation to superannuation contributions. The Commission needed to assess whether the agreement provided for the minimum entitlements as prescribed by the Act and whether it allowed for fair and reasonable terms of employment.

In its decision, the Fair Work Commission found that the agreement did not comply with the Fair Work Act in several respects. The Commission determined that certain clauses regarding superannuation contributions were inadequate, as they did not ensure that employees received the minimum superannuation guarantee. Additionally, the Commission found issues with the classification of workers under the agreement, ruling that some provisions did not align with the legislative standards for fair work. Consequently, the Commission refused to approve the agreement, highlighting the need for amendments to meet the legal requirements set out in the Fair Work Act.

The Fair Work Commission ordered that the application for approval of the SRG Building (Northern) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016 be refused. The Commission recommended that the parties revisit the agreement to address the identified deficiencies, particularly in ensuring compliance with superannuation and worker classification provisions. The decision underscored the importance of adhering to the statutory standards for employee entitlements and fair work practices.

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