Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/490)

DC RESOURCING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 MARCH 2022

Application for approval of the DC Resourcing Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the DC Resourcing Pty Ltd / CFMEU Collective Agreement 2019-2023 (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, 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 15 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a collective agreement between DC Resourcing Pty Ltd and the union, covering the period 2019-2023. The application was heard by the Fair Work Commission (FWC). The primary dispute involved whether the agreement met the requirements under the Fair Work Act 2009 for approval and registration. The CFMEU argued that the agreement was fairly negotiated and complied with all relevant legal standards.

The key legal issues before the Commission were whether the agreement was made in good faith, whether it contained all the prescribed minimum terms and conditions, and whether it was consistent with the broader objectives of the Fair Work Act. Additionally, the Commission considered whether there was proper representation of the employees and if the agreement appropriately balanced the interests of both parties. The FWC examined the negotiation process and the content of the agreement to ensure it met the statutory requirements.

The Commission found that the agreement was fairly negotiated and contained all the prescribed minimum terms and conditions. The process of negotiation was deemed transparent and inclusive, with proper representation of the employees. The agreement was also found to appropriately balance the interests of both parties, aligning with the objectives of the Fair Work Act. The Commission concluded that the agreement complied with all relevant legal standards and approved it for registration.

The final order of the Commission was that the DC Resourcing Pty Ltd / CFMEU Collective Agreement 2019-2023 be approved and registered under the Fair Work Act 2009. The agreement was deemed to be in compliance with all necessary statutory requirements and was therefore eligible for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established