Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 54

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/9268)

MM LABOUR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the MM Labour Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the MM Labour Pty Ltd / CFMEU Collective 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) made an application for the approval of the MM Labour Pty Ltd / CFMEU Collective Agreement 2019-2023. The agreement was submitted to the Commission under section 235 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for workers under the agreement, specifically those concerning pay rates, working hours, and various other employment conditions.

The Commission had to determine whether the agreement met the requirements of the Fair Work Act, particularly in terms of its fairness and compliance with the Act's provisions. This involved assessing whether the agreement provided for the proper regulation of workplace relations, whether it contained any unfair terms, and whether it met the standards for being a modern award. The Commission also had to consider the views of both the CFMEU and MM Labour Pty Ltd on the agreement's provisions.

After a thorough examination of the agreement, the Fair Work Commission found that the MM Labour Pty Ltd / CFMEU Collective Agreement 2019-2023 was fair and met the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for the proper regulation of workplace relations, contained no unfair terms, and was in line with the standards for a modern award. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements and the balanced representation of the interests of both parties.

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