Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8985)

OMG! (AU) PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the OMG! (AU) Pty. Limited / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the OMG! (AU) Pty. Limited / CFMEU Collective Agreement 2019-2023 (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

In the matter of an application for approval of a collective agreement under the Fair Work Act 2009, OMG! (AU) Pty. Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of their collective agreement. The applicant, OMG! (AU) Pty. Limited, a company involved in the construction industry, and the respondent, the CFMEU, a trade union representing workers in various industries, including construction, entered into a collective agreement for the period 2019-2023. The application was brought before the Fair Work Commission (FWC) to obtain approval of the collective agreement as a registered agreement under the Fair Work Act.

The key legal issues before the FWC included whether the collective agreement met the statutory requirements for approval under the Fair Work Act, and if the agreement was in the best interests of the employees and employers involved. The FWC needed to determine whether the agreement complied with the relevant provisions of the Act, including provisions relating to employee representation, bargaining, and the protection of employees' rights and interests. Additionally, the FWC had to consider whether the agreement provided a fair and reasonable outcome for both parties, taking into account the economic and employment circumstances of the parties and the wider industry.

After considering the evidence and submissions presented by both parties, the FWC found that the collective agreement met the statutory requirements for approval under the Fair Work Act. The FWC was satisfied that the agreement provided for proper employee representation and bargaining, and that it protected the rights and interests of employees. Furthermore, the FWC considered that the agreement provided a fair and reasonable outcome for both parties, taking into account the economic and employment circumstances of the parties and the wider industry. Consequently, the FWC approved the OMG! (AU) Pty. Limited / CFMEU Collective Agreement 2019-2023 as a registered agreement under the Fair Work Act.

The final orders of the FWC included the approval of the OMG! (AU) Pty. Limited / CFMEU Collective Agreement 2019-2023 as a registered agreement under the Fair Work Act, effective from 1 July 2019. The FWC also directed that the approved agreement be registered with the Australian Industrial Registry and published on the Fair Work Commission's website. Furthermore, the FWC ordered that the agreement would remain in force until 30 June 2023, or until terminated or varied by a subsequent registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established