Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/9135)

NORTH 23 PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

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

Application for approval of the North 23 Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the North 23 Pty Ltd 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.

[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 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to have their collective agreement with North 23 Pty Ltd approved. The agreement in question covered the period from 2020 to 2022 and encompassed various terms and conditions related to employment. The dispute centred on whether the proposed terms and conditions were consistent with the Fair Work Act and its associated regulations.

The central legal issues the commission needed to address were whether the terms of the proposed collective agreement complied with the statutory requirements set out in the Fair Work Act. This included considerations of whether the agreement provided for minimum entitlements, whether it was free from undue coercion and whether it facilitated the efficient operation of the employer's business. The commission also had to determine if the agreement was negotiated in good faith and whether it adhered to the principles of enterprise flexibility.

In delivering its decision, the commission undertook a thorough analysis of the proposed agreement, taking into account the submissions from both the CFMEU and North 23 Pty Ltd. It considered the balance between the need to protect workers' rights and the necessity for employers to operate their businesses efficiently. The commission found that the agreement met all the necessary statutory criteria and approved the collective agreement, highlighting that it provided fair and reasonable terms for both parties. The decision underscored the importance of negotiated agreements in fostering harmonious workplace relations.

The final orders of the commission were to approve the North 23 Pty Ltd and CFMEU Union Collective Agreement 2020-2022, subject to the terms and conditions specified in the agreement. This decision confirmed the validity of the collective bargaining process and affirmed the role of the commission in overseeing such agreements to ensure they align with the objectives of the Fair Work Act.

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