Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8809)

DANIEL G CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 DECEMBER 2021

Application for approval of the Daniel G Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Daniel G Constructions Pty Ltd / 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 27 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 Fair Work Commission (FWC) was asked to approve a collective agreement between Daniel G Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement outlined terms and conditions for employees of Daniel G Constructions Pty Ltd, including wages, hours of work, leave provisions, and other employment-related matters. The CFMEU sought approval of the agreement under section 234 of the Fair Work Act 2009 (Cth), arguing that it met the "better off overall test" and was in the interests of the employees.

The primary legal issue before the FWC was whether the collective agreement met the statutory requirements for approval. Specifically, the FWC had to determine if the agreement provided employees with a "better off overall" outcome compared to the applicable award or registered agreement, and whether it complied with the "good faith" provisions of the Fair Work Act 2009 (Cth). The FWC also needed to consider if the agreement contained provisions that were contrary to public policy or were otherwise invalid.

The FWC concluded that the agreement met the "better off overall test" as it provided employees with a more favourable outcome than the applicable award or registered agreement. The FWC found that the agreement contained provisions that were in the best interests of the employees, including wage increases, improved leave entitlements, and enhanced dispute resolution mechanisms. The FWC also determined that the agreement was made in good faith and did not contain any provisions that were contrary to public policy or otherwise invalid. As a result, the FWC approved the collective agreement, finding that it complied with the statutory requirements for approval under section 234 of the Fair Work Act 2009 (Cth).

The FWC's approval of the collective agreement between Daniel G Constructions Pty Ltd and the CFMEU is significant as it provides a framework for the terms and conditions of employment for the employees of Daniel G Constructions Pty Ltd. The approval of the agreement ensures that the employees will receive a better outcome than if they were covered by the applicable award or registered agreement. Furthermore, the FWC's decision provides clarity on the requirements for approving collective agreements under the Fair Work Act 2009 (Cth) and the importance of considering the interests of employees in the collective bargaining process.

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