Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8079)

REDWOOD CONSTRUCTION SERVICES (QLD) PTY LTD AND
CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Redwood Construction Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020‒2022

[1] An application has been made for approval of an enterprise agreement known as the Redwood Construction Services (QLD) 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 15 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

In the Fair Work Commission, Redwood Construction Services (Qld) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for their Collective Agreement 2020-2022. The dispute arose from negotiations between the parties, with disagreements over certain terms and conditions of employment. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act.

The central legal issues before the Commission included whether the agreement contained genuine bargaining, was free from prohibited content, and complied with the statutory minimum standards. The Commission had to assess if the agreement's provisions were made in good faith, were free from coercion or undue influence, and did not include any terms that would undermine the statutory minimum entitlements. Additionally, the Commission needed to ensure the agreement did not contain any content that was prohibited by the Fair Work Act.

After thorough examination of the evidence and submissions from both parties, the Commission found that the agreement met the necessary criteria for approval. The Commission concluded that the agreement had been genuinely bargained, was free from prohibited content, and complied with the statutory minimum standards. The Commission took into account the nature of the bargaining process, the content of the agreement, and the parties' adherence to the legal requirements. Consequently, the Commission approved the Redwood Construction Services (Qld) Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

The Commission's final order was the approval of the collective agreement, which is now legally binding between Redwood Construction Services (Qld) Pty Ltd and the CFMEU. This decision allows the agreement to take effect and govern the employment conditions of the employees covered by the agreement during the specified period. The approval signifies that the agreement is considered fair and meets the legal requirements set out in the Fair Work Act.

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