Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8890)

APM GROUP (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2021

Application for approval of the APM GROUP (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the APM GROUP (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the APM Group (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The dispute centred on the procedural fairness of the agreement and whether it met the necessary standards for endorsement. The Commission was tasked with ensuring that the agreement was made in good faith and provided for the efficient and orderly conduct of the employer's business.

The central legal issues were whether the union adequately represented the employees during the negotiation process and whether the agreement was negotiated in good faith. The Commission also needed to determine if the agreement met the standards for endorsement, including provisions on minimum rates of pay, classification of employees, and other employment conditions. The Commission examined the evidence and submissions from both parties to assess the procedural fairness and merits of the agreement.

In its decision, the Fair Work Commission found that the union had acted in good faith and adequately represented the employees. The Commission concluded that the agreement was negotiated fairly and met the necessary standards for endorsement. The agreement provided for the orderly conduct of the employer's business and included provisions for minimum rates of pay, classification of employees, and other employment conditions that were fair and reasonable. The Commission approved the enterprise agreement, highlighting the importance of collaborative bargaining in achieving fair and effective agreements.

The Fair Work Commission approved the APM Group (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The Commission's decision underscored the importance of good faith negotiations and the adequate representation of employees in the bargaining process. The approved agreement will provide a framework for fair employment conditions and the efficient conduct of the employer's business for the duration of the agreement.

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