Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8745)

USHER & SON CIVIL PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 DECEMBER 2021

Application for approval of the Usher & Son Civil Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

[1] An application has been made for approval of a greenfields agreement known as the Usher & Son Civil Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (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 23 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Usher & Son Civil Pty Ltd. The CFMEU applied to the Fair Work Commission for approval of their collective agreement for the period 2021-2025. The application was made under the Fair Work Act 2009, and the main issue before the Commission was whether the proposed agreement met the requirements of the Act.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act. The Act mandates that agreements must provide for a minimum rate of pay, a maximum weekly hours limit, and other conditions of employment that are fair and reasonable. The Commission needed to assess if the proposed agreement met these criteria and if it provided for appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the proposed agreement was compliant with the Fair Work Act. It provided for a minimum rate of pay and reasonable maximum weekly hours. The agreement also included provisions for dispute resolution and other employment conditions that were deemed fair and reasonable. The Commission noted that the agreement reflected the bargaining positions of both parties and provided for a balanced set of terms and conditions of employment. As a result, the Commission approved the Usher & Son Civil Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021-2025.

The Fair Work Commission approved the proposed collective agreement, finding it to be compliant with the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, including minimum rates of pay, maximum weekly hours, and appropriate dispute resolution mechanisms. The Commission's decision effectively sets the terms and conditions of employment for the specified period, subject to any further orders the Commission may make in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established