Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8556)

ALCHEMY CONSTRUCTION SERVICES PTY LTD T/AS ACS AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 DECEMBER 2021

Application for approval of the Alchemy Construction Services Pty Ltd T/As ACS 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 Alchemy Construction Services Pty Ltd T/As ACS and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 14 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Alchemy Construction Services Pty Ltd trading as ACS and the Construction, Forestry, Maritime, Mining and Energy Union Minor Civil Construction Union. The union and the employer sought approval of the collective agreement, which was to govern the terms and conditions of employment for the union members over the period 2021 to 2025. The application was made under section 230 of the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the necessary criteria for approval.

The key legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions required by law, and whether it met the criteria for approval under the Fair Work Act. The Commission also had to consider whether the agreement provided for an effective system of dispute resolution and if it met the requirements for protecting the rights of employees and employers. The union and the employer needed to demonstrate that the agreement had been negotiated in good faith and that it provided fair and reasonable terms and conditions for all parties involved.

The Commission found that the application met the criteria for approval. It determined that the agreement had been negotiated in good faith and that it contained the minimum terms and conditions required by law. The Commission was satisfied that the agreement provided for an effective system of dispute resolution and that it met the requirements for protecting the rights of employees and employers. The Commission approved the collective agreement, acknowledging the collaborative efforts of both the union and the employer in reaching an agreement that was fair and reasonable for all parties involved.

The Fair Work Commission approved the collective agreement between Alchemy Construction Services Pty Ltd trading as ACS and the Construction, Forestry, Maritime, Mining and Energy Union Minor Civil Construction Union for the period 2021 to 2025. The Commission found that the agreement met the necessary criteria for approval, including being negotiated in good faith and providing fair and reasonable terms and conditions for employees and employers. The approval of the agreement will govern the employment terms and conditions for union members for the specified period.

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