Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/569)

Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 MARCH 2022

Application for approval of the Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of a greenfields agreement known as the Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, 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(1) of the Act, will operate from 22 March 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicants sought approval of the Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022. The applicants argued that the agreement was fair and reasonable and complied with the relevant provisions of the Fair Work Act 2009. The application was heard by the Fair Work Commission, which is tasked with resolving workplace disputes and approving collective agreements under the Act.

The primary legal issue before the Commission was whether the collective agreement met the requirements of the Fair Work Act, particularly in terms of fairness and reasonableness. This involved assessing whether the agreement contained terms that were fair and reasonable in all respects, including those relating to wages, hours of work, and other conditions of employment. The Commission also needed to determine if the agreement complied with any relevant modern awards and if it was consistent with the objects of the Act.

The Commission found that the collective agreement was fair and reasonable in all respects. It held that the agreement's terms were consistent with the objects of the Fair Work Act, including the protection of employees' rights and the promotion of harmonious, productive and cooperative workplace relations. The Commission also concluded that the agreement complied with the relevant modern awards and did not contain any unfair terms. Given these findings, the Commission approved the collective agreement, thereby resolving the dispute in favour of the applicants.

The Fair Work Commission's decision to approve the Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022 marks the conclusion of this matter. The approval ensures that the terms of the agreement will govern the employment conditions of the relevant employees for the specified period, providing certainty and stability in the workplace.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established