Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/472)

Advanced Plant Hire Pty. Ltd. and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 MARCH 2022

Application for approval of the Advanced Plant Hire Pty. Ltd. and CFMEU Minor Civil Construction Union Collective Agreement 2021-2025

An application has been made for approval of a greenfields agreement known as the Advanced Plant Hire Pty. Ltd. and CFMEU Minor Civil Construction Union Collective Agreement 2021-2025 (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 14 March 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Advanced Plant Hire Pty. Ltd. were before the Fair Work Commission to seek approval for their collective agreement covering the period from 2021 to 2025. The application for approval arose from the necessity to have the agreement registered with the Fair Work Commission, which is a prerequisite for it to be legally enforceable. The dispute centred around whether the proposed agreement met the criteria for approval as stipulated under the Fair Work Act 2009.

The central legal issues the court had to address were whether the collective agreement complied with the procedural requirements of the Fair Work Act, and whether it adhered to the substantive standards for enterprise agreements, including provisions on minimum wages, penalty rates, and other conditions of employment. The court had to ensure that the agreement did not unfairly disadvantage employees, and that it was made in good faith and without coercion. Additionally, the court examined whether the agreement contained all the necessary provisions required by the Act, such as the inclusion of a clause allowing for the agreement to be registered.

The Fair Work Commission found that the collective agreement met all the procedural and substantive requirements for approval. It determined that the agreement was made in good faith, without any coercion, and that it included all necessary provisions required by the Fair Work Act. The Commission was satisfied that the agreement did not unfairly disadvantage employees and that it provided for minimum wages and penalty rates as required by law. The court approved the agreement, finding it to be a fair and reasonable enterprise agreement that met all legal standards.

Consequently, the Fair Work Commission approved the application for registration of the Advanced Plant Hire Pty. Ltd. and CFMEU Minor Civil Construction Union Collective Agreement 2021-2025, making it legally enforceable. The court ordered that the agreement be registered with the Fair Work Commission, 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