Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/8543)

Sure Projects Australia Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 NOVEMBER 2021

Application for approval of the Sure Projects Australia Pty Ltd / CFMEU Collective Agreement 2019-2023

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Sure Projects Australia 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.

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.

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.

The Agreement was approved on 30 November 2021 and, in accordance with s 54, will operate from 7 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement with Sure Projects Australia Pty Ltd for the period 2019-2023. The Fair Work Commission (FWC) was tasked with assessing the application. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement adequately protected employees' rights and interests while ensuring employers could operate effectively. The Commission considered the balance between the parties' bargaining positions, the nature of the industry, and the impact of the agreement on employees' working conditions. The FWC also examined whether the agreement addressed key issues such as wages, working hours, leave provisions, and dispute resolution mechanisms.

The FWC found that the agreement provided a fair and reasonable framework for employees and employers. It noted the parties' demonstrated commitment to negotiating in good faith and achieving a balanced outcome. The Commission was satisfied that the agreement adequately protected employees' rights while allowing the employer to manage its business effectively. The FWC approved the collective agreement, emphasising the importance of maintaining a cooperative industrial relations environment.

The Fair Work Commission approved the Sure Projects Australia Pty Ltd / CFMEU Collective Agreement 2019-2023, recognising its role in promoting fair and reasonable industrial relations practices. The decision underscored the importance of balancing the rights and interests of both employees and employers in collective agreements.

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