Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8407)

UNITA (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 NOVEMBER 2021

Application for approval of the Unita (Qld) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the Unita (Qld) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 6 December 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Unita (Qld) Pty Ltd, covering the period 2020-2022, from the Fair Work Commission. The dispute centred on the application for approval of the collective agreement, specifically regarding its compliance with the Fair Work Act and the Fair Work (Registered Organisations) Regulations 2016. The Fair Work Commission was required to decide whether the collective agreement met the necessary criteria for approval.

The primary legal issue was whether the collective agreement was consistent with the objectives of the Fair Work Act, which includes ensuring fairness and flexibility in the workplace. The Commission also needed to determine if the agreement complied with the Fair Work (Registered Organisations) Regulations 2016, which outline the requirements for the approval of collective agreements. The CFMEU argued that the agreement was fair and flexible, while Unita (Qld) Pty Ltd raised concerns about specific provisions within the agreement.

The Fair Work Commission carefully considered the provisions of the collective agreement, assessing whether they provided for the proper management of the workplace and protected the rights of employees. The Commission found that the collective agreement was consistent with the objectives of the Fair Work Act and met the requirements of the Fair Work (Registered Organisations) Regulations 2016. Consequently, the Commission approved the collective agreement, finding it to be fair and flexible and not contrary to the public interest.

The Fair Work Commission approved the Unita (Qld) Pty Ltd and CFMEU Union Collective Agreement 2020-2022, finding it to be consistent with the Fair Work Act and compliant with the Fair Work (Registered Organisations) Regulations 2016. The Commission's decision affirmed the collective agreement as fair, flexible, and in the best interest of both parties involved.

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