Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 16

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/9143)

AZZURRI CONCRETE GROUP (QLD) PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

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

Application for approval of the Azzurri Concrete Group (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

An application has been made for approval of a greenfields agreement known as the Azzurri Concrete Group (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (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 12 January 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of the Azzurri Concrete Group (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025. The dispute arose due to the disagreement between the applicant union and the respondent employer regarding certain provisions of the proposed collective agreement. The Fair Work Commission, being the relevant tribunal, was tasked with determining whether the collective agreement met the legal standards and requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed collective agreement complied with the provisions of the Fair Work Act, including sections related to good faith bargaining, the protection of employee rights, and the avoidance of industrial action. The Commission had to consider the fairness and reasonableness of the agreement, as well as its compliance with relevant statutory provisions.

The Commission found that the agreement contained provisions that were not in good faith and did not comply with the requirements of the Fair Work Act. The Commission noted that certain provisions of the agreement had the potential to cause confusion and uncertainty among employees, which was contrary to the principles of good faith bargaining. Furthermore, the Commission found that some provisions did not adequately protect employee rights and could potentially lead to industrial action. Based on these findings, the Commission decided not to approve the collective agreement.

In conclusion, the Fair Work Commission did not grant approval for the Azzurri Concrete Group (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025. The decision was based on the determination that the agreement did not meet the legal standards and requirements for approval under the Fair Work Act, as it contained provisions that were not in good faith and did not adequately protect employee rights. The Commission's decision serves as a reminder for both employers and unions to ensure that any proposed collective agreement complies with the relevant legal provisions before seeking approval.

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