Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/348)

Freshmore (NSW) Pty. Ltd. t-as Advanced Precast (Aust)/CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 FEBRUARY 2022

Application for approval of the Freshmore (NSW) Pty. Ltd. t-as Advanced Precast (Aust)/CFMEU Collective Agreement 2019-2023

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of the Freshmore (NSW) Pty. Ltd. t-as Advanced Precast (Aust)/CFMEU Collective Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

The Agreement was approved on 18 February 2022 and, in accordance with s 54, will operate from 25 February 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT
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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed collective agreement between Freshmore (NSW) Pty. Ltd., trading as Advanced Precast (Aust), and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicants sought the Commission's approval under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment set out in the proposed agreement, including wages, hours of work, and other employment-related matters.

The legal issues that the Commission was required to consider included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, whether the agreement complied with the relevant provisions of the Fair Work Act, and whether the agreement had been fairly and genuinely negotiated between the parties. The Commission also needed to consider whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In delivering its decision, the Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement had been fairly and genuinely negotiated between the parties, and that it would promote harmonious, productive, and cooperative workplace relations. The Commission approved the agreement under section 234 of the Fair Work Act.

The Commission's approval of the agreement means that it will now be legally binding on the parties from 1 July 2019 until 30 June 2023. The agreement will govern the terms and conditions of employment for employees of Freshmore (NSW) Pty. Ltd. who are members of the CFMEU. The approval of the agreement will provide certainty and stability for both the employer and the employees, and will help to promote harmonious and productive workplace relations.

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