DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union (New South Wales Branch)
(AG2016/895)

SYDNEY PROJECTS CO (AUSTRALIA) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2016

Application for approval of the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2016 – 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 26 April 2016 and, in accordance with s.54, will operate from 3 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (New South Wales Branch) filed an application with the Fair Work Commission seeking approval of the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2016 - 2017. The Sydney Projects Co (Australia) Pty Ltd is a civil construction company, and the CFMEU represents its employees. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically focusing on the classification and remuneration of workers, working hours, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement adhered to the principles of good faith bargaining and whether it contained the necessary provisions to ensure the protection of employees' rights and interests. Additionally, the Commission had to consider if the agreement met the requirements for approval under section 232 of the Fair Work Act, which mandates that agreements must not predetermine the outcome of a dispute. The Commission also examined if the agreement contained any unlawful terms that could be detrimental to the employees or the broader workforce.

In delivering its decision, the Fair Work Commission found that the agreement largely complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement had been reached through good faith bargaining and that it contained provisions to protect employees' rights and interests. The Commission noted that while there were some areas where the agreement could be improved, these did not reach the threshold of being unlawful or detrimental to the employees. Consequently, the Commission approved the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2016 - 2017, subject to minor modifications that were necessary to ensure full compliance with the Act.

The Fair Work Commission ordered that the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2016 - 2017 be approved with the aforementioned modifications. The modifications primarily involved clarifying certain terms and conditions to better align with the Fair Work Act and to ensure that the agreement met all legal requirements. The Commission also directed that the modifications be communicated to both parties and implemented accordingly. This decision provided a clear framework for the terms and conditions of employment for the workers covered by the agreement, ensuring that the rights and interests of the employees were protected within the scope of the Fair Work Act.

Construction, Forestry, Mining and Energy Union (New South Wales Branch)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established