Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7976)

BACKAM GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 NOVEMBER 2021

Application for approval of the Backam Group Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Backam Group Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 10 November 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Backam Group Pty Ltd. The union sought approval of a collective agreement between the parties, which outlined terms and conditions of employment for the employees of Backam Group Pty Ltd. The agreement, spanning from 2019 to 2023, was submitted for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal standards and obligations for a modern award, and if it was fair and reasonable for the employees involved.

The legal issues before the Commission included whether the agreement adhered to the provisions of the Fair Work Act, including the requirements for a modern award. The Commission had to determine if the agreement was consistent with the principles of the national workplace relations system, such as promoting productive and harmonious workplace relations. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any party and that it was reasonable in all the circumstances. The Commission also considered the balance of power between the parties and the fairness of the terms and conditions provided.

The Fair Work Commission, after reviewing the submissions from both parties and relevant legislative provisions, concluded that the agreement met the necessary criteria for approval. The Commission found that the agreement was consistent with the principles of the national workplace relations system and did not unfairly disadvantage any party. The terms and conditions of employment were considered fair and reasonable, taking into account the balance of power between the union and the employer. The Commission was satisfied that the agreement would promote productive and harmonious workplace relations. Consequently, the Fair Work Commission approved the Backam Group Pty Ltd / CFMEU Collective Agreement 2019-2023.

The final orders of the Commission were that the Backam Group Pty Ltd / CFMEU Collective Agreement 2019-2023 be approved as a modern award. This approval means that the agreement will govern the terms and conditions of employment for the employees of Backam Group Pty Ltd for the duration of the agreement. The approval is effective from the date of the decision and will remain in force until the end of the agreement period or until superseded by another approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established