Civil Mining & Construction Pty Ltd T/A Cmc Summary

[2023] FWCA 344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civil Mining & Construction Pty Ltd T/A Cmc

(AG2022/5483)

CIVIL MINING & CONSTRUCTION PTY LTD & CMC PLANT HIRE PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 FEBRUARY 2023

Application for approval of the Civil Mining & Construction Pty Ltd & CMC Plant Hire Pty Ltd Single Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Civil Mining & Construction Pty Ltd & CMC Plant Hire Pty Ltd Single Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civil Mining & Construction Pty Ltd T/A Cmc. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2023. The nominal expiry date of the Agreement is 3 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civil Mining & Construction Pty Ltd, trading as CMC, and CMC Plant Hire Pty Ltd, together with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), were involved in an application before the Fair Work Commission (FWC) for the approval of a Single Enterprise Agreement 2023. The agreement was a result of negotiations between the employers and the union, aiming to formalise the terms and conditions of employment for the employees covered under the agreement. The union sought approval for the agreement, while the employers opposed it on several grounds, including concerns over the agreement's impact on business operations and its compliance with certain legal requirements.

The key legal issues before the FWC were whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, including whether it provided for a genuine enterprise bargaining agreement, whether it was free from unlawful content, and whether it complied with the good faith bargaining requirements. The employers argued that the agreement contained provisions that were not genuinely negotiable, were contrary to public policy, and failed to meet the good faith bargaining obligations.

The FWC, after considering the arguments and evidence presented by both parties, found that the agreement was a genuine enterprise bargaining agreement that met the statutory criteria for approval. The commission determined that the provisions challenged by the employers were genuinely negotiable and did not contravene any legal principles or public policy. The FWC also found that the bargaining process was conducted in good faith, with both parties engaging in meaningful negotiations. Consequently, the FWC approved the Single Enterprise Agreement 2023.

The FWC ordered the approval of the Single Enterprise Agreement 2023, effective from 1 March 2023. The agreement will now apply to the employees of Civil Mining & Construction Pty Ltd and CMC Plant Hire Pty Ltd, providing them with the terms and conditions of employment as outlined in the approved agreement. The employers and the union are bound by the terms of the agreement, which will govern their industrial relations for the duration of the agreement.

Civil Mining & Construction Pty Ltd T/A Cmc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established