Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8682)

SABEL RIGGING & SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 DECEMBER 2021

Application for approval of the Sabel Rigging & Scaffolding Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Sabel Rigging & Scaffolding 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 21 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 recent case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Sabel Rigging & Scaffolding Pty Ltd were the parties involved in a dispute concerning the approval of a collective agreement. The matter was brought before the Commission as part of the statutory process for approving collective agreements under the Fair Work Act 2009.

The primary legal issues that the Commission had to resolve centred around the fairness and validity of the terms within the proposed collective agreement. Specifically, the Commission was tasked with determining whether the agreement complied with the statutory requirements for approval and whether it was in the best interests of the employees covered by the agreement. This included assessing the agreement's provisions against the Fair Work Act's provisions, ensuring the agreement did not undermine the rights of employees, and verifying that it did not include any terms that were contrary to public policy or unjust.

In its decision, the Fair Work Commission examined the collective agreement clause by clause, considering the arguments presented by both the CFMEU and Sabel Rigging & Scaffolding Pty Ltd. The Commission found that the agreement, while generally meeting the requirements of the Fair Work Act, contained certain provisions that needed amendment to ensure compliance with the law and fairness to the employees. After careful consideration and adjustments to specific terms, the Commission approved the collective agreement, subject to the modifications that addressed the identified issues. The approval was based on the conclusion that the agreement, once amended, would operate fairly and effectively for the employees involved.

The final orders of the Fair Work Commission included the approval of the collective agreement, contingent on the implementation of the specified amendments. This decision ensures that the agreement will proceed while maintaining the balance of rights and obligations between the employer and employees, as required by the Fair Work Act.

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