DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch
(AG2015/6287)

SYDNEY PROJECTS CO (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2015

Sydney Projects Co (Aust) Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Projects Co (Aust) Pty Ltd / CFMEU Collective Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 3 December 2015 and, in accordance with s.54, will operate from 10 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch, brought an application against Sydney Projects Co (Aust) Pty Ltd regarding the interpretation and application of their 2015-2017 Collective Agreement. The dispute centred on the classification and wages of employees, as well as various conditions of employment stipulated in the agreement. The matter was heard and determined by the Commission.

The key legal issues before the Commission included the proper interpretation of specific clauses within the Collective Agreement, particularly those relating to employee classification, wage rates, and working conditions. The union argued that the company had failed to adhere to the agreed terms, resulting in underpayment and misclassification of employees. The company, on the other hand, contended that it had correctly applied the agreement and that any discrepancies were due to legitimate variations or misunderstandings.

In its decision, the Commission meticulously reviewed the terms of the Collective Agreement and the evidence presented by both parties. It found that certain employees had indeed been misclassified and underpaid, contrary to the provisions of the agreement. The Commission held that the company had not fulfilled its obligations under the agreement and ordered the company to rectify the underpayments and ensure proper classification moving forward. The decision underscored the importance of strict adherence to the terms of collective agreements and the Commission's role in enforcing these terms.

As a result of the Commission's findings, Sydney Projects Co (Aust) Pty Ltd was ordered to make back payments to affected employees and implement corrective measures to prevent future breaches. The company was also required to provide a report to the Commission detailing the steps taken to comply with the decision. This case serves as a reminder to employers of the necessity to accurately apply the terms of collective agreements and to unions of the importance of vigilance in monitoring compliance.

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established