Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/110)

Austral SF Australia Pty Ltd / CFMEU Collective Regional Steelfixing Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 JANUARY 2022

Application for approval of the Austral SF Australia Pty Ltd / CFMEU Collective Regional Steelfixing Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Austral SF Australia Pty Ltd / CFMEU Collective Regional Steelfixing Agreement 2019-2023 (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 3 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

The matter before the Fair Work Commission concerned an application for the approval of a collective agreement between Austral SF Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement in question was the Austral SF Australia Pty Ltd / CFMEU Collective Regional Steelfixing Agreement 2019-2023. The primary issue for the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the requirements for coverage, the process through which it was made, and whether it was fair and reasonable.

The Commission considered the procedural fairness of the agreement-making process and the substantive fairness of the terms within the agreement. The applicant argued that the agreement was made in good faith and followed appropriate consultation processes. The Commission examined the evidence provided regarding the consultation process and the negotiation of the agreement. The CFMEU submitted that the agreement was made in accordance with established procedures and that the terms were fair and reasonable for the employees covered. The Commission was satisfied that the agreement had been made through a process that was procedurally fair, and that the terms of the agreement were fair and reasonable.

In its decision, the Commission found that the agreement satisfied the criteria for approval under the Fair Work Act. The Commission concluded that the agreement was made in good faith, through appropriate consultation processes, and that the terms of the agreement were fair and reasonable. The Commission approved the agreement, noting that it would provide certainty and stability for both the employer and employees over the period 2019-2023. The Commission's decision was made on the basis of the evidence presented and the legal framework provided by the Fair Work Act.

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