Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/168)

Custom Lift Interiors Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 FEBRUARY 2022

Application for approval of the Custom Lift Interiors Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Custom Lift Interiors Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (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 10 February 2022. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a union collective agreement under the Fair Work Act 2009. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval for the Custom Lift Interiors Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The dispute arose because Custom Lift Interiors Pty Ltd did not recognise the CFMEU as the appropriate bargaining representative for its employees, leading to the application for approval. The case was heard in the Fair Work Commission.

The central legal issue was whether the application for approval of the collective agreement could proceed, given the employer's refusal to recognise the union. The court needed to determine if the CFMEU had sufficient support from employees to warrant the approval of the agreement. This involved examining the evidence provided by the union regarding the extent of its support among the employees of Custom Lift Interiors Pty Ltd.

The Fair Work Commission found that the CFMEU had provided sufficient evidence to demonstrate a significant level of support among the employees, thereby warranting the approval of the agreement. The Commission concluded that the union had met the threshold for approval as stipulated by the Fair Work Act 2009. Consequently, the application for approval of the collective agreement was successful.

The Fair Work Commission approved the Custom Lift Interiors Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, effective from the date of the decision. This approval allows the CFMEU to represent the employees of Custom Lift Interiors Pty Ltd for the purposes of the agreement, subject to the terms and conditions outlined in the approved document.

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