Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8816)

DYNAMIC WORLDWIDE PLASTERING PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELDS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 DECEMBER 2021

Application for approval of the DYNAMIC WORLDWIDE PLASTERING PTY LTD/CFMEU South Australia Greenfields Enterprise Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the DYNAMIC WORLDWIDE PLASTERING PTY LTD/CFMEU South Australia Greenfields Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 27 December 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the DYNAMIC WORLDWIDE PLASTERING PTY LTD/CFMEU South Australia Greenfields Enterprise Agreement 2021. The agreement was entered into in the context of a bargaining dispute over the classification and pay rates of employees. The CFMEU claimed that the enterprise agreement was a genuine agreement that had been made in good faith, and sought its registration and approval.

The Commission considered whether the agreement had been made in good faith and whether it complied with the requirements of the Fair Work Act. The CFMEU argued that the agreement was a genuine agreement, as it had been negotiated between the parties and contained terms that were reasonable and fair. The Commission noted that the agreement contained terms that were similar to those in other enterprise agreements in the industry, and that it had been negotiated in a fair and transparent manner. The Commission was also satisfied that the agreement complied with the requirements of the Fair Work Act.

The Commission approved the agreement, finding that it was a genuine agreement that had been made in good faith and complied with the requirements of the Fair Work Act. The Commission noted that the agreement contained terms that were reasonable and fair, and that it had been negotiated in a transparent and open manner. The Commission also noted that the agreement had been entered into in the context of a bargaining dispute, and that it provided for a fair and equitable resolution of the dispute.

The Commission made an order approving the DYNAMIC WORLDWIDE PLASTERING PTY LTD/CFMEU South Australia Greenfields Enterprise Agreement 2021. The agreement was registered and became a certified agreement, binding on all parties and their employees. The agreement provided for a resolution of the bargaining dispute, and established terms and conditions of employment for the employees of Dynamic Worldwide Plastering Pty Ltd. The Commission's decision provides clarity and certainty for the parties and their employees, and sets a precedent for similar agreements in the industry.

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