Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6720

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8216)

KA QUEENSLAND PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 NOVEMBER 2021

Application for approval of the KA Queensland Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of a greenfields agreement known as the KA Queensland Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 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 court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and KA Queensland Pty Ltd. The CFMEU sought approval for a proposed collective agreement between the union and the company, covering the period 2020 to 2022. The application for approval was heard in the Fair Work Commission (FWC), which has jurisdiction to assess and approve collective agreements under the Fair Work Act 2009 (Cth). The central legal issue before the FWC was whether the proposed collective agreement met the statutory criteria for approval as set out in the Act, specifically whether the agreement was in the best interests of the employees and did not undermine the protections provided by the Fair Work Act.

The FWC examined the proposed agreement against the statutory requirements, considering the provisions related to pay rates, conditions of employment, dispute resolution mechanisms, and other terms and conditions. The court assessed whether the agreement provided fair and reasonable terms for the employees, taking into account the needs of both the workers and the employer. The FWC also considered whether the agreement would undermine the protections provided by the Fair Work Act, such as by permitting terms that were less favourable to employees than the minimum standards set out in the Act.

The FWC found that the proposed collective agreement met the statutory criteria for approval. The agreement provided fair and reasonable terms for the employees and did not undermine the protections provided by the Fair Work Act. The FWC approved the agreement, finding that it was in the best interests of the employees and would promote harmonious, productive and cooperative workplace relations. The CFMEU and KA Queensland Pty Ltd were directed to take all necessary steps to give effect to the approved agreement.

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