Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/465)

MULHERIN PRECAST PTY LTD AND CFMEU UNION COLLECTIVEAGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 MARCH 2022

Application for approval of the Mulherin Precast Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the Mulherin Precast 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 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 11 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 applicant, Mulherin Precast Pty Ltd, sought approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was for a period of two years, from 1 July 2020 to 30 June 2022. The matter was heard in the Fair Work Commission.

The central legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically section 235, which mandates that an enterprise agreement must be approved if it meets certain criteria, such as having been fairly negotiated and covering specific matters. The Commission had to determine if the agreement fulfilled these statutory requirements.

The Commission examined the negotiation process and the contents of the agreement. It found that the agreement had been fairly negotiated and contained the necessary provisions to be considered a protected action agreement. The Commission noted the union's and the employer's right to negotiate in good faith and concluded that the agreement met the legislative standards for approval. The Commission approved the agreement, finding it met all the necessary statutory criteria.

The Fair Work Commission approved the Mulherin Precast Pty Ltd and CFMEU Union Collective Agreement 2020–2022, confirming its compliance with the Fair Work Act 2009. The agreement is now in effect for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established