Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/169)

Blueline Group Interiors Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 FEBRUARY 2022

Application for approval of the Blueline Group Interiors Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of a greenfields agreement known as the Blueline Group Interiors Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 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 10 February 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of a collective agreement between Blueline Group Interiors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the years 2020 to 2022. The application was brought under section 234 of the Fair Work Act 2009, which mandates that certain collective agreements must be approved by the Fair Work Commission to be legally enforceable.

The central legal issue before the Commission was whether the proposed collective agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was made in good faith, whether it contained terms that were necessary for the protection of employees, and whether the process followed in negotiating and finalising the agreement was appropriate. Additionally, the Commission examined whether the agreement included terms that were contrary to public policy or were otherwise unenforceable.

In its decision, the Commission considered the evidence and arguments presented by both parties. The Commission found that the agreement was made in good faith and contained terms that were necessary for the protection of employees, including provisions for wages, hours of work, and other employment conditions. The Commission also determined that the process followed in negotiating and finalising the agreement was appropriate and in compliance with the requirements of the Fair Work Act. As such, the Commission approved the collective agreement, finding that it met all necessary legal standards.

The Fair Work Commission approved the Blueline Group Interiors Pty Ltd and CFMEU Union Collective Agreement 2020-2022, determining that it complied with all relevant legal requirements. The agreement is now legally enforceable and will govern the employment conditions of the relevant employees for 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