Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/305)

GW COMMERCIAL FIXERS & GLAZIERS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 FEBRUARY 2022

Application for approval of the GW Commercial Fixers & Glaziers Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of a greenfields agreement known as the GW Commercial Fixers & Glaziers 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). 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 28 February 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with GW Commercial Fixers & Glaziers Pty Ltd. The agreement proposed terms and conditions of employment for employees of GW Commercial Fixers & Glaziers Pty Ltd. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for a fair and efficient workplace, and whether it complied with the requirements for good faith bargaining and protection of employees' rights.

The Commission considered the submissions of both parties and examined the terms of the agreement. The Union argued that the agreement provided for fair and efficient workplaces by ensuring that employees were paid fairly and had adequate rest breaks. The company argued that certain provisions of the agreement were not in the best interests of the business and its employees. The Commission found that the agreement was largely consistent with the principles of good faith bargaining and provided for fair and efficient workplaces. The Commission also found that the agreement did not unfairly discriminate against any employees and provided appropriate protections for employees' rights.

The Fair Work Commission approved the collective agreement with certain modifications. The modifications related to the calculation of penalty rates and the provisions for shift rosters. The Commission found that these modifications were necessary to ensure that the agreement was fair and efficient and met the requirements of the Fair Work Act 2009. The Commission also noted that the modifications were consistent with the principles of good faith bargaining and did not unfairly disadvantage any party. The modifications were made to the agreement, and the Union and the company were directed to implement the approved agreement.

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