Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8326)

BRADCO (QLD) PTY LTD T/AS BRADCO JOINERY AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 NOVEMBER 2021

Application for approval of the Bradco (QLD) Pty Ltd T/As Bradco Joinery and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the Bradco (QLD) Pty Ltd T/As Bradco Joinery 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 30 November 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

In the matter of an application for approval of the Bradco (QLD) Pty Ltd T/As Bradco Joinery and CFMEU Union Collective Agreement 2020-2022, the parties involved were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Bradco (QLD) Pty Ltd, trading as Bradco Joinery. The dispute arose from the need to approve the collective agreement entered into by the union and the employer, which was to govern the terms and conditions of employment for employees within the specified period. The Fair Work Commission (FWC) was the tribunal tasked with examining the application and deciding whether the collective agreement should be approved.

The legal issues that the FWC had to address involved the scrutiny of the collective agreement to ensure it complied with the Fair Work Act 2009. This included verifying that the agreement did not undermine the safety nets of minimum wages and conditions, did not unfairly discriminate against employees, and did not contravene any other relevant provisions of the Act. Additionally, the FWC had to consider the public interest, including the impact on the broader industrial relations system and the potential for the agreement to set a precedent.

The FWC examined the collective agreement clause by clause, assessing whether each provision was fair and reasonable. The tribunal found that the agreement did not undermine the safety nets of minimum wages and conditions, did not contain provisions that were contrary to public policy, and did not unfairly discriminate against any group of employees. The FWC also considered the potential impact of the agreement on the broader industrial relations system and determined that it did not set an undesirable precedent. After careful consideration, the FWC concluded that the collective agreement met the statutory criteria for approval.

Accordingly, the FWC approved the Bradco (QLD) Pty Ltd T/As Bradco Joinery and CFMEU Union Collective Agreement 2020-2022. The approval was granted on the condition that the agreement be registered with the Fair Work Ombudsman. The decision was made in accordance with the legal principles set out in the Fair Work Act 2009, ensuring that the agreement would govern the terms and conditions of employment for the specified period while maintaining the integrity of the industrial relations system.

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