Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 17

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/9191)

Nofire Pty Ltd T/As Fyreguard and CFMEU Union Collective Agreement 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JANUARY 2022

Application for approval of the Nofire Pty Ltd T/As Fyreguard and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Nofire Pty Ltd T/As Fyreguard and CFMEU Union Collective Agreement 2020-2022 (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 12 January 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Nofire Pty Ltd trading as Fyreguard. The dispute centred on the approval of a collective agreement for the period 2020 to 2022. The Fair Work Commission was the court that heard the matter. The primary legal issue the Commission had to address was whether the collective agreement between the CFMEU and Nofire Pty Ltd complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained terms that were fair and reasonable.

In deliberating on the matter, the Commission considered whether the agreement met the statutory criteria set out in the Fair Work Act. It examined whether the agreement was negotiated in good faith, contained fair and reasonable terms, and adhered to the procedural requirements outlined in the Act. The Commission also considered submissions from both parties regarding the terms and conditions of the agreement, and any potential implications for employees and the employer. The Commission found that the agreement met the necessary criteria and was in the best interests of the employees and the employer. It was approved as it was considered to be fair and reasonable, and it complied with the relevant legislative provisions.

The Fair Work Commission concluded that the collective agreement was fair and reasonable, and it was approved as required by the Fair Work Act. The Commission noted that both parties had demonstrated a commitment to negotiating in good faith and that the terms of the agreement were not detrimental to either party. The Commission's decision was based on the evidence presented and the arguments made by both parties. The final orders included the approval of the collective agreement between the CFMEU and Nofire Pty Ltd for the period 2020 to 2022.

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