Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7903)

QA INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 OCTOBER 2021

Application for approval of the QA Installations Pty Ltd 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 QA Installations Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 25 October 2021 and, in accordance with s 54, will operate from 1 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 involved an application for the approval of a collective agreement between QA Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2022. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory criteria for approval.

The primary legal issue before the Commission was whether the collective agreement, as proposed, complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement contained terms that were fair and reasonable, and whether it had been negotiated in good faith.

The Commission found that the collective agreement satisfied the statutory requirements for approval. It noted that the agreement included provisions for fair and reasonable terms, including provisions for wages, conditions, and dispute resolution mechanisms. The Commission was satisfied that the agreement had been negotiated in good faith, as evidenced by the extensive negotiations between the parties and the inclusion of provisions that reflected the interests of both employers and employees.

The Commission approved the proposed collective agreement, subject to certain conditions. These conditions included the requirement for the parties to notify the Commission of any changes to the agreement within 30 days of the change being made, and the requirement for the agreement to be registered with the Australian Industrial Relations Commission.

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