Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/394)

KPI Construction (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2022

Application for approval of the KPI Construction (QLD) 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 KPI Construction (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 7 March 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicants sought approval for a collective agreement between KPI Construction (QLD) Pty Ltd and the CFMEU Minor Civil Construction Union for the period 2021-2025. The primary dispute centred on whether the terms of the agreement complied with the relevant legislative framework governing industrial relations.

The key legal issues before the court involved the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly regarding the requirements for the approval of enterprise agreements. The court needed to determine if the agreement met the necessary criteria, such as whether it contained only permissible provisions and if it had been fairly negotiated. Additionally, the court had to consider whether the agreement adhered to the process requirements, including proper notification and objections handling.

The court examined the specifics of the agreement, focusing on its compliance with the legal standards. It found that the agreement was fairly negotiated and contained only permissible provisions. The court also determined that the necessary processes were followed, including adequate notification and handling of objections. Based on this analysis, the court concluded that the agreement was in compliance with the relevant legislation and granted approval. The final orders included the formal approval of the collective agreement, allowing it to take effect from the specified period.

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