Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8530)

FINAL FORM (QLD) PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2021

Application for approval of the Final Form (QLD) 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 Final Form (QLD) 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Application for approval of the Final Form (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 was brought before the commission. The dispute arose between the employer, Final Form (QLD) Pty Ltd, and the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter pertained to the approval of a collective agreement between the parties, covering a period of 2021 to 2025. The union sought to ensure fair wages, conditions, and protections for its members, while the employer aimed to maintain operational efficiency and flexibility.

The central legal issue was whether the proposed collective agreement complied with the Fair Work Act 2009, particularly sections concerning good faith bargaining, the scope of the agreement, and the avoidance of unnecessary complexity. The court needed to determine if the agreement struck a fair balance between the rights and interests of the employer and the employees represented by the union. Additionally, the court assessed if the agreement met the requirements for being a simple, fair, and efficient workplace instrument, as mandated by the Fair Work (Registered Organisations) Act 2009.

Upon examination, the commission found that the collective agreement adhered to the principles of good faith bargaining and was not unnecessarily complex. The agreement effectively addressed the key areas of wages, conditions, and protections, reflecting a fair and balanced outcome. The commission concluded that the proposed terms were reasonable and did not contain provisions that would unduly restrict the employer's operational flexibility. Consequently, the commission approved the agreement, recognising it as a fair and efficient instrument for the specified period.

The final orders of the commission were that the Final Form (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 be approved and registered. This decision provided legal certainty to both parties, ensuring the agreement would govern the employment conditions for the specified duration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established