Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 73

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/9197)

RawUrban Constructions and CFMEU (WA) Enterprise Agreement 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JANUARY 2022

Application for approval of the RawUrban Constructions and CFMEU (WA) Enterprise Agreement 2020-2024

An application has been made for approval of an enterprise agreement known as the RawUrban Constructions 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.

I note that clause 38.5 of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 19 January 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between RawUrban Constructions and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The dispute was heard by the Fair Work Commission. The central legal issue the Commission had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the procedural and substantive requirements set forth in the legislation, ensuring it was fairly and appropriately negotiated and did not unfairly disadvantage any party.

The Fair Work Commission considered various factors, including the bargaining process, the terms and conditions of the agreement, and its potential impact on employees and employers. The Commission examined the evidence provided by both parties, including witness statements and documentation, to assess whether the agreement was genuinely negotiated and whether it complied with the provisions of the Act. The Commission also evaluated whether the agreement contained any terms that might be considered unfair under the law. Ultimately, the Commission found that the agreement was appropriately negotiated and contained terms that were fair and reasonable, thus meeting the statutory requirements for approval.

Consequently, the Fair Work Commission approved the RawUrban Constructions and CFMEU (WA) Enterprise Agreement 2020-2024. The decision was based on the finding that the agreement complied with all necessary legal standards and that it was an appropriate outcome of the bargaining process. This approval ensures that the terms of the agreement will govern the employment conditions of the relevant workers during the specified period, providing a legally binding framework for their workplace relations.

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