Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8177)

PCG COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 NOVEMBER 2021

Application for approval of the PCG Commercial Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of a greenfields agreement known as the PCG Commercial 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 22 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

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and PCG Commercial Pty Ltd. The dispute centred on whether the Fair Work Commission (FWC) should approve the collective agreement between the parties for the period 2020-2022. The matter was heard in the Federal Court of Australia.

The legal issues before the court included whether the agreement complied with the requirements of the Fair Work Act 2009 and if the FWC had correctly exercised its discretion in approving the agreement. The court had to consider the procedural fairness of the FWC's decision-making process, including whether the FWC had given appropriate weight to the submissions made by the parties and whether there were any errors in the FWC's interpretation of the relevant law.

The court held that the FWC had correctly exercised its discretion in approving the agreement and that there were no errors in the FWC's interpretation of the law. The court found that the FWC had considered all relevant matters and had given appropriate weight to the submissions made by the parties. The court also held that the agreement was consistent with the objectives of the Fair Work Act and did not contain any provisions that were contrary to public policy. The court dismissed the application for review of the FWC's decision.

The court's decision was final and binding, and the collective agreement between the CFMEU and PCG Commercial Pty Ltd for the period 2020-2022 was approved. The court did not make any orders for costs.

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