Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8802)

HJK LABOUR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2021

Application for approval of the HJK Labour Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of a greenfields agreement known as the HJK Labour Pty Ltd / CFMEU Collective 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 27 December 2021. 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the HJK Labour Pty Ltd/CFME Union Collective Agreement 2019-2023. HJK Labour Pty Ltd is a civil engineering and construction company and the CFMEU is a trade union representing workers in various industries. The application for approval of the collective agreement was contested by the employer on the basis that the agreement contained terms that were not reasonably appropriate to the circumstances of the enterprise, particularly those relating to wage increases and other employment conditions. The Fair Work Commission was required to determine whether the terms of the collective agreement were reasonably appropriate to the circumstances of the enterprise. The Commission considered the evidence and submissions from both parties and found that the terms of the agreement were reasonably appropriate to the circumstances of the enterprise. The Commission noted that the agreement was the result of good faith negotiations between the parties and that the terms reflected the needs and interests of both employers and employees. The Commission also found that the wage increases and other employment conditions in the agreement were in line with industry standards and did not place an undue burden on the employer. As a result, the Fair Work Commission approved the HJK Labour Pty Ltd/CFME Union Collective Agreement 2019-2023. The employer's contest to the application for approval was dismissed.

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