Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8062)

ALCHEMY CONSTRUCTION SERVICES PTY LTD T/AS ACS AND
CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 OCTOBER 2021

Application for approval of the Alchemy Construction Services Pty Ltd T/As ACS and CFMEU Union Collective Agreement 2020-2022

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Alchemy Construction Services Pty Ltd T/As ACS and CFMEU Union Collective Agreement 2020-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CFMMEU 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, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement was approved on 29 October 2021 and, in accordance with s 54, will operate from 5 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 case before the Fair Work Commission involved an application for approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Alchemy Construction Services Pty Ltd trading as ACS. The union sought approval of the agreement, which outlined the terms and conditions of employment for workers under the agreement, including wages, hours of work, leave entitlements, and other workplace arrangements. The application was brought before the Fair Work Commission, Australia's workplace relations tribunal, which has the authority to approve and register such agreements.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated between the parties. The Commission also had to consider whether the agreement complied with the relevant industrial instruments and whether it was consistent with the principles of the Fair Work Act.

In delivering its decision, the Commission found that the agreement met the requirements for approval. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated between the parties. The Commission also found that the agreement complied with the relevant industrial instruments and was consistent with the principles of the Fair Work Act. The Commission approved the agreement and registered it with the Fair Work Commission.

The Commission's decision provides guidance to employers and unions on the requirements for approving collective agreements under the Fair Work Act. It confirms that the Fair Work Commission will consider a range of factors in determining whether an agreement meets the requirements for approval, including the fairness and reasonableness of the terms and conditions of employment, the genuineness of the negotiation process, and compliance with relevant industrial instruments.

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