Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8861)

SOUTHERN LABOUR HIRE PTY LTD / CFMEU COLLECTIVE TRADE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 DECEMBER 2021

Application for approval of the Southern Labour Hire Pty Ltd / CFMEU Collective Trade Agreement 2019-2023

[1] An application has been made for approval of a greenfields agreement known as the Southern Labour Hire Pty Ltd / CFMEU Collective Trade Agreement 2019-2023 (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).

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a trade agreement between Southern Labour Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The CFMEU sought approval of the agreement, while Southern Labour Hire Pty Ltd supported the application. The primary concern was whether the agreement provided for the appropriate balance between the rights of employers and employees and aligned with the objectives of the Fair Work Act.

The central legal issues the Commission needed to address were whether the agreement was made in good faith, whether it contained only matters that could be the subject of a trade agreement, and whether the agreement provided for fair and reasonable terms and conditions. Additionally, the Commission had to consider whether the agreement promoted workplace harmony and productivity, and if it provided for a streamlined process for resolving workplace disputes. The Commission also needed to assess if the agreement was free from any provisions that could undermine the rights of employees or lead to unfair treatment.

In its reasoning, the Commission found that the agreement was made in good faith and contained matters that were appropriate for a trade agreement. It determined that the agreement provided for fair and reasonable terms and conditions, promoted workplace harmony and productivity, and offered a streamlined process for resolving disputes. The Commission also concluded that the agreement did not contain any provisions that could undermine the rights of employees or lead to unfair treatment. Based on these findings, the Commission approved the agreement, recognising its potential to facilitate a cooperative and productive working environment while upholding the rights of both employers and employees.

The Commission's decision was grounded in its assessment of the agreement's alignment with the objectives of the Fair Work Act. By approving the agreement, the Commission ensured that it met the necessary criteria for facilitating a harmonious and efficient workplace. The final orders of the Commission included the approval of the Southern Labour Hire Pty Ltd / CFMEU Collective Trade Agreement 2019-2023, effective from the date of the decision. This outcome provided certainty for both parties and established a framework for their industrial relationship during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established