Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/528)

Avopiling Management (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 MARCH 2022

Application for approval of the Avopiling Management (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Avopiling Management (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). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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 Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement entered into with Avopiling Management (QLD) Pty Ltd, a company involved in the construction industry. The dispute was heard in the Fair Work Commission (FWC). The main legal issues revolved around whether the collective agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was in the best interests of the employees it covered, and if it complied with the provisions of the Act.

The FWC considered the provisions of the agreement and the evidence provided by both parties. It examined the terms and conditions of employment, the bargaining process, and the impact of the agreement on the employees. The FWC found that the agreement was in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The FWC also found that the agreement complied with the provisions of the Act and did not contravene any relevant provisions.

Based on the evidence and findings, the FWC approved the collective agreement between the CFMEU and Avopiling Management (QLD) Pty Ltd for the period 2020-2022. The decision was made in accordance with the requirements of the Fair Work Act 2009, and the agreement was registered with the Fair Work Commission. The final orders of the FWC were that the collective agreement be approved and registered as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

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