Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 71

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/9214)

Yakka Supplies Pty Ltd / CFMEU Collective Trade Agreement 2019-2023

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

Application for approval of the Yakka Supplies Pty Ltd / CFMEU Collective Trade Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Yakka Supplies Pty Ltd / CFMEU Collective Trade 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 19 January 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective trade agreement between Yakka Supplies Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, which is responsible for regulating workplace relations in Australia, including the approval of collective agreements. The CFMEU, representing the workers, sought approval for the agreement, while Yakka Supplies, the employer, provided its perspective on the terms and implications of the agreement.

The central legal issue the Commission had to address was whether the proposed collective agreement was in the interests of the employees and the employer, and if it met the necessary criteria for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions of employment, and whether it complied with the legal requirements for collective agreements, including provisions on enterprise flexibility and good faith bargaining.

The Commission assessed the application, taking into account submissions from both parties and relevant legal principles. It found that the agreement was consistent with the objectives of the Act and provided for fair and reasonable terms of employment. The Commission emphasised the importance of enterprise flexibility and the parties' ability to negotiate terms that best suited their particular circumstances. It also noted the parties' good faith efforts in reaching the agreement. Based on this analysis, the Commission concluded that the agreement was in the best interests of the employees and the employer and approved it accordingly.

The Fair Work Commission approved the collective trade agreement between Yakka Supplies Pty Ltd and the CFMEU, effective from 2019 to 2023. This decision recognised the parties' rights to negotiate and enter into a flexible agreement that balanced the interests of both employees and the employer. The approval of the agreement underscores the Commission's commitment to facilitating fair and reasonable workplace arrangements through collective bargaining.

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