Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8283)

ALIMAK GROUP AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2021

Application for approval of the Alimak Group Australia Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the Alimak Group Australia 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 26 November 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Alimak Group Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the approval of their collective agreement for the period 2020-2022. The union and the company sought to have the agreement recognised as a lawful and enforceable workplace arrangement. The legal issues that arose centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the necessary standards for good faith bargaining and fairness.

The Fair Work Commission examined the agreement in detail to determine its compliance with the statutory requirements. The court considered whether the agreement was made in good faith, whether it covered the necessary topics, and whether it adhered to the provisions of the Fair Work Act. The commission also assessed the agreement's impact on the employees, including any potential benefits or detriments, and whether the agreement was fair and reasonable. After a thorough review, the commission found that the agreement complied with the legal standards and met the necessary criteria for approval.

Consequently, the Fair Work Commission approved the collective agreement between Alimak Group Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2020-2022. The court determined that the agreement was made in good faith, covered the required topics, and was fair and reasonable for the employees involved. The final orders included the approval of the collective agreement, subject to any modifications or clarifications required by the parties.

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