Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/288)

Colab NSW Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2022

Application for approval of the Colab NSW Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Colab NSW Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 25 February 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a collective agreement between Colab NSW Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application for approval was brought under section 235 of the Fair Work Act 2009, seeking to ensure the agreement met the legislative requirements for approval. The dispute centred around whether the agreement complied with the legal standards for fair and reasonable terms and conditions of employment, including minimum wages and entitlements.

The primary legal issue the Commission had to address was whether the terms of the agreement met the statutory criteria for approval, including compliance with minimum wage rates and conditions as set by the Fair Work Act. The Commission also needed to consider if the agreement provided for fair and reasonable terms and conditions for the employees, including any implications for industrial action provisions and the resolution of disputes.

In deliberating on the application, the Fair Work Commission examined the specific terms of the agreement, including wage rates, penalty rates, and other conditions of employment. The Commission found that the agreement did comply with the statutory minimum wage rates and provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement adhered to the legislative framework and would serve the interests of both the employer and the employees. Consequently, the Commission approved the collective agreement, confirming it met the necessary legal standards for registration.

No further orders were made beyond the approval of the collective agreement, as the Commission found the agreement to be compliant with the relevant legal requirements. The approval of the agreement ensures that the terms and conditions set forth will govern the employment relationship between Colab NSW Pty Ltd and the CFMEU 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