Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/135)

Facade Management Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 FEBRUARY 2022

Application for approval of the Facade Management Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024

An application has been made for approval of an enterprise agreement known as the Facade Management Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union v Facade Management Australia Pty Ltd, the dispute revolved around the application for approval of the Facade Management Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024. The Australian Industrial Relations Commission was tasked with examining the agreement between the employer and the union, and determining whether it should be formally approved.

The central legal issues the court had to address were whether the agreement met the necessary criteria for approval under the relevant industrial relations legislation. This included assessing whether the agreement had been made in good faith, whether it contained appropriate mechanisms for dispute resolution, and whether it complied with the Fair Work Act. Furthermore, the court had to consider if the agreement provided fair and reasonable terms for the employees, and whether it aligned with the broader objectives of industrial relations law.

In its decision, the Australian Industrial Relations Commission thoroughly examined the contents of the enterprise agreement, scrutinising each clause to ensure it adhered to the legal requirements. The court found that the agreement was made in good faith and contained appropriate dispute resolution mechanisms. It also determined that the terms were fair and reasonable, and aligned with the objectives of the Fair Work Act. Consequently, the court approved the application for the agreement.

The final orders of the court included the formal approval of the Facade Management Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024, subject to the conditions that it be registered with the Fair Work Commission and that any amendments to the agreement be similarly approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established