Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8690)

C & H GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 DECEMBER 2021

Application for approval of the C & H Group Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the C & H Group Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 10 December 2021 and, in accordance with s 54, will operate from 17 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

The case involves the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and C & H Group Pty Ltd. The CFMEU sought approval of a collective agreement between the parties for the years 2019 to 2023. The application was brought before the Fair Work Commission, a federal workplace relations tribunal in Australia. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including the need for the agreement to be in writing and to cover specific minimum terms and conditions of employment.

The legal issues before the Commission were whether the agreement fulfilled the criteria for approval under the Fair Work Act, specifically whether it contained all the required minimum terms and conditions, and whether it was made in good faith. The Commission had to examine the contents of the agreement to determine if it satisfied the legislative requirements and if there was any evidence of bad faith in the negotiation or execution of the agreement.

The Fair Work Commission found that the collective agreement complied with all statutory requirements. The agreement was in writing, covered the necessary minimum terms and conditions, and demonstrated that it was made in good faith. The Commission noted the thorough negotiation process and the absence of any procedural irregularities or evidence of coercion or undue influence. Consequently, the Commission approved the collective agreement, recognising its compliance with the legislative framework.

The Fair Work Commission approved the C & H Group Pty Ltd / CFMEU Collective Agreement 2019-2023, confirming its compliance with the Fair Work Act 2009. The Commission's decision was based on the comprehensive examination of the agreement's contents and the procedural integrity of its creation. This ruling ensures that the agreement will govern the employment conditions between the parties for the specified period, subject to the terms and conditions set out in the approved 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