Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/9029)

KELLER PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 DECEMBER 2021

Application for approval of the Keller Pty Ltd/ CFMEU Collective Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the Keller Pty Ltd/ CFMEU Collective Agreement 2021-2024 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 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 parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Keller Pty Ltd, who sought approval for their Collective Agreement 2021-2024. The dispute was heard in the Fair Work Commission, which is responsible for approving such agreements under the Fair Work Act 2009. The applicants sought to have their proposed agreement recognised and enforced as a registered agreement, providing a framework for the terms and conditions of employment for employees in the specified industries.

The primary legal issues the court had to address were whether the proposed agreement complied with the legislative requirements set forth in the Fair Work Act and the Fair Work Regulations. This included verifying that the agreement was made in good faith, contained provisions that were not contrary to public policy, and met the standards set by the Fair Work Act for fair and reasonable terms and conditions. The court also considered whether the agreement adequately protected employees' rights and interests, and if it provided for an appropriate process for the resolution of disputes.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The court was satisfied that the agreement was made in good faith and did not contain provisions that were contrary to public policy. Furthermore, the agreement was deemed to contain fair and reasonable terms and conditions, and it provided adequate protection for employees' rights and interests. The court also found that the agreement included an appropriate process for the resolution of disputes, which aligned with the objectives of the Fair Work Act. As a result, the Fair Work Commission approved the Keller Pty Ltd/CFMEU Collective Agreement 2021-2024 as a registered agreement, effective from the date of the decision.

As a consequence of the court's decision, the approved agreement will now govern the terms and conditions of employment for employees covered by the agreement, providing a stable and predictable industrial relations environment for both employers and employees. The decision also sets a precedent for future negotiations and agreements in the specified industries, ensuring that the principles of fairness and good faith are upheld.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established