Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/8694)

Marsh Height Safety (Aust) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2021

Application for approval of the Marsh Height Safety (Aust) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Marsh Height Safety (Aust) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the Marsh Height Safety (Aust) Pty Ltd and CFMEU Union Collective Agreement 2020-2022, the Full Bench of the Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The applicants, Marsh Height Safety (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of their collective agreement, which had been negotiated between the parties and aimed to regulate terms and conditions of employment for the specified period.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Act. This involved assessing whether the agreement complied with the provisions of the Act, including whether it addressed the terms and conditions of employment of the employees covered by the agreement, and whether the agreement was negotiated in good faith. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees and the employer, and whether it promoted harmonious, productive and cooperative workplace relations.

In reaching its decision, the Commission found that the agreement was a genuine outcome of the parties' negotiations and was in the best interests of the employees and the employer. The Commission considered the terms of the agreement, the bargaining positions of the parties, and the nature of the workplace. The Commission noted that the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and that it promoted harmonious, productive and cooperative workplace relations. The Commission was satisfied that the agreement met the statutory requirements for approval under the Act, and accordingly approved the collective agreement. The Commission also made orders to ensure that the agreement was brought to the attention of all employees covered by the agreement, and to ensure compliance with the terms of the agreement.

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