Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8102)

ASP FOUNDATION PILING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 NOVEMBER 2021

Application for approval of the ASP Foundation Piling Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the ASP Foundation Piling 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 16 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 parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ASP Foundation Piling Pty Ltd, and the dispute relates to the approval of a collective agreement between the two parties for the years 2020-2022. The matter was heard in the Fair Work Commission of Australia. The legal issues that the court was required to decide involved the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009 in relation to the approval of the collective agreement. Specifically, the court had to consider whether the agreement was a good faith bargain and whether it complied with the requirements of the Act and Regulations.

The court considered the evidence presented by both parties and concluded that the agreement was a good faith bargain that complied with the requirements of the Act and Regulations. The court found that the agreement was negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The court also found that the agreement met the requirements of the Act and Regulations, including the provisions relating to minimum wages and conditions, and the protection of employees' rights. The court noted that the agreement provided for a fair and reasonable outcome for both parties and that it was consistent with the principles of the Fair Work system.

As a result of the court's decision, the collective agreement between the CFMEU and ASP Foundation Piling Pty Ltd for the years 2020-2022 was approved. The court's decision provides clarity and certainty for both parties and ensures that the agreement is consistent with the principles of the Fair Work system. The approval of the agreement also ensures that the employees of ASP Foundation Piling Pty Ltd will receive fair and reasonable wages and conditions of employment, and that their rights are protected under the Act and Regulations. Overall, the court's decision is an important one for the construction industry and highlights the importance of good faith bargaining and compliance with the Fair Work 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