Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/117)

Prez Fixing & Glazing Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 JANUARY 2022

Application for approval of the Prez Fixing & Glazing Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Prez Fixing & Glazing 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 4 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement between Prez Fixing & Glazing Pty Ltd and the CFMEU for the period 2019 to 2023. The matter was brought before the Fair Work Commission, an Australian industrial relations tribunal, to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement, as it stood, complied with the statutory requirements for good faith bargaining and whether it provided adequate protections and benefits to the employees involved.

The court had to address several key issues, including whether the agreement had been reached through genuine and good faith bargaining, whether the terms of the agreement were fair and reasonable, and whether it complied with the statutory obligations under the Fair Work Act. Additionally, the court had to consider whether the agreement appropriately balanced the interests of the employer and the employees, and if it provided adequate protections for workers' rights and conditions.

The Fair Work Commission found that the agreement had been reached through genuine and good faith bargaining. It concluded that the terms of the agreement were fair and reasonable, and that it provided adequate protections and benefits for the employees. The court noted that the agreement included provisions for wages, hours of work, and other employment conditions, which were considered appropriate and balanced. The Commission was satisfied that the agreement met the statutory requirements for approval under the Fair Work Act. Consequently, the court granted approval for the collective agreement between Prez Fixing & Glazing Pty Ltd and the CFMEU for the specified period.

The final orders of the Fair Work Commission were that the Prez Fixing & Glazing Pty Ltd / CFMEU Collective Agreement 2019-2023 be approved, effective from the date of the decision. This approval ensures that the agreement can be implemented and that the terms and conditions set out within it are enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established