Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 46

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/9196)

Avopiling Management (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JANUARY 2022

Application for approval of the Avopiling Management (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2020 - 2024

An application has been made for approval of an enterprise agreement known as the Avopiling Management (WA) Pty Ltd 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.

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 17 January 2022. The nominal expiry date of the Agreement is 9 March 2025.

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) and Avopiling Management (WA) Pty Ltd sought approval for their Enterprise Agreement. The agreement was designed to regulate the terms and conditions of employment for employees in the construction, forestry, maritime, mining, and energy sectors. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues revolved around whether the agreement had been made in accordance with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was a "registered agreement" and whether it contained the mandatory terms prescribed by the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was free from any prohibited content, such as provisions that might undermine the safety and health of employees.

The Commission found that the agreement was made in accordance with the Fair Work Act. It was determined that the agreement was a genuine enterprise agreement and had been negotiated in good faith. The Commission also concluded that the agreement did not contain any prohibited content and included all the mandatory terms required by the Fair Work Act. As such, the Commission approved the agreement, finding that it met the necessary criteria for registration.

The final order of the Commission was that the Avopiling Management (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 be approved and registered under the Fair Work Act. This decision provides certainty for the parties involved and establishes the terms and conditions of employment for the employees in the specified sectors for the duration of the agreement.

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