Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6686

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8166)

QLD CONCRETE DRILLING & SAWING 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 QLD Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the QLD Concrete Drilling & Sawing 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 22 November 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a collective agreement between the union and QLD Concrete Drilling & Sawing Pty Ltd for the period 2020-2022. The agreement proposed various terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was a "good faith" bargain, whether it contained permissible terms under the Act, and if the agreement complied with the "better off overall test" (BOOT). This test requires that the proposed agreement must not disadvantage the employees any more than they would be without the agreement, and preferably, it must provide some advantage.

The Commission found that the agreement was a genuine attempt at good faith bargaining, and the terms proposed were within the permissible limits under the Act. The Commission also concluded that the agreement met the BOOT, as it provided for fair and reasonable terms for the employees. The proposed wages and conditions were considered to be at least as good as, and in some cases better than, the existing conditions. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties.

The Fair Work Commission approved the QLD Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2020-2022, finding it to be a genuine good faith bargain and compliant with the statutory requirements under the Fair Work Act 2009. The Commission determined that the agreement met the better off overall test, providing fair and reasonable terms for the employees.

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