Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/109)

JZ LEE GROUP/CFMEU South Australia Greenfields Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 JANUARY 2022

Application for approval of the JZ LEE GROUP/CFMEU South Australia Greenfields Enterprise Agreement 2022

An application has been made for approval of a greenfields agreement known as the JZ LEE GROUP/CFMEU South Australia Greenfields Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, 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(1) of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the JZ Lee Group/CFMEU South Australia Greenfields Enterprise Agreement 2022. The application was heard in the Fair Work Commission, an independent statutory tribunal responsible for resolving workplace disputes and setting industrial awards and agreements in Australia. The dispute centred on the terms of the proposed enterprise agreement between the JZ Lee Group and the CFMEU, which sought to regulate the employment conditions of workers in the South Australian greenfields sector.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards of procedural and substantive fairness. The Commission had to determine if the agreement was appropriately negotiated, whether it provided for fair and reasonable terms and conditions of employment, and whether it aligned with the principles of national workplace relations system. The CFMEU argued that the agreement was fair and reasonable, while the JZ Lee Group raised concerns regarding certain provisions of the agreement.

In its decision, the Commission found that the proposed agreement was appropriately negotiated and met the procedural fairness requirements of the Fair Work Act. The Commission considered the evidence presented by both parties and concluded that the agreement provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement aligned with the principles of the national workplace relations system. As a result, the Commission approved the JZ Lee Group/CFMEU South Australia Greenfields Enterprise Agreement 2022. The decision underscored the importance of fair and reasonable terms and conditions of employment, as well as the need for appropriate negotiation processes in the development of enterprise agreements.

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