Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/98)

AUSTRAL SF GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 JANUARY 2022

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

An application has been made for approval of a greenfields agreement known as the Austral SF Group Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 1 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 parties involved in the application for approval of the Austral SF Group Pty Ltd / CFMEU Collective Agreement 2019-2023 were the Austral SF Group Pty Ltd, represented by its director, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the Fair Work Commission should approve the collective agreement between the employer and the union for the specified period. The matter was heard in the Fair Work Commission, an Australian government body responsible for resolving workplace disputes and ensuring fair work practices.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including its provisions on good faith bargaining, and whether the agreement was in the best interests of the employees. The Commission had to consider the terms and conditions of the agreement, the process by which it was negotiated, and whether there were any provisions that were unfair or detrimental to the employees. The Commission also had to consider whether the agreement was consistent with the objectives of the Act, including promoting high levels of employment and the achievement of productive, fair and flexible workplace relations.

In its decision, the Commission found that the agreement was in the best interests of the employees and should be approved. The Commission noted that the agreement had been negotiated in good faith and that the parties had made significant efforts to reach a consensus. The Commission also found that the agreement contained provisions that were beneficial to the employees, such as provisions on wages and conditions, and that there were no provisions that were unfair or detrimental to the employees. The Commission concluded that the agreement was consistent with the objectives of the Act and that it should be approved. The Commission made orders approving the agreement and setting out the terms and conditions that would apply to employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established