Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/586)

MAPOL NOMINEES PTY LTD T-AS AMALGAMATED PAINTING SERVICES / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 MARCH 2022

Application for approval of the Mapol Nominees Pty Ltd t-as Amalgamated Painting Services / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Mapol Nominees Pty Ltd t-as Amalgamated Painting Services / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Mapol Nominees Pty Ltd, trading as Amalgamated Painting Services, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The Fair Work Commission, as the relevant industrial tribunal, was tasked with determining whether the agreement met the statutory criteria for approval.

The primary legal issue before the Commission was whether the agreement contained terms that were unfair within the meaning of the Fair Work Act 2009. The Commission had to examine the terms of the agreement to determine if they provided for matters that were not reasonably required to give effect to the purpose of the agreement, or if they otherwise contravened the provisions of the Act designed to ensure fair and reasonable industrial relations practices.

The Commission found that the agreement did not contain any terms that were unfair. The terms of the agreement were deemed to be reasonably required to give effect to the purpose of the agreement and did not contravene any provisions of the Fair Work Act. The Commission approved the collective agreement, noting the absence of any significant issues that would warrant refusal of approval. The decision underscores the importance of the Commission’s role in ensuring that collective agreements are fair and reasonable, while also recognising the autonomy of the parties in negotiating their own terms.

The Commission approved the collective agreement, effective from 1 April 2019, and directed the parties to take all necessary steps to implement the agreement. The decision highlights the Commission's commitment to facilitating fair and effective industrial relations practices through the approval of collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established