Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8656)

COOPER CIVIL PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Cooper 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). 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 20 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Cooper Civil Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025. The Cooper Civil Pty Ltd, an engineering and construction company, sought to have the agreement approved as a certified agreement under the Fair Work Act 2009. The agreement was submitted to the Commission by the union, which represents the employees of Cooper Civil Pty Ltd. The union sought to have the agreement certified, arguing that it complied with the requirements of the Act and provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement was in the public interest and whether it provided for appropriate mechanisms for the resolution of disputes between the parties. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including those relating to the protection of employees' rights and interests.

In its decision, the Commission found that the agreement met the statutory criteria for approval and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties and that it complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement was in the public interest and that it provided for the protection of employees' rights and interests. The Commission approved the agreement as a certified agreement under the Fair Work Act.

The Fair Work Commission approved the Cooper Civil Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 as a certified agreement under the Fair Work Act 2009. The agreement provides for fair and reasonable terms and conditions of employment and includes appropriate mechanisms for the resolution of disputes between the parties. The Commission found that the agreement was in the public interest and that it provided for the protection of employees' rights and interests. The approval of the agreement is an important step in ensuring that employees in the construction industry have access to fair and reasonable terms and conditions of employment.

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