Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7762)

PROFECTUS BUILDING SERVICES PTY LTD T-AS PROFECTUS BUILD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 OCTOBER 2021

Application for approval of the Profectus Building Services Pty Ltd t-as Profectus Build / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Profectus Building Services Pty Ltd t-as Profectus Build / 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 26 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Profectus Building Services Pty Ltd (trading as Profectus Build) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would give it legal enforceability. The Commission's task was to determine whether the agreement met the statutory requirements for registration, including whether it had been negotiated in good faith and whether it complied with the provisions of the Act.

The central legal issues before the Commission were whether the agreement had been negotiated in good faith, and whether it complied with the provisions of the Fair Work Act. The Commission had to consider whether there was any evidence of coercion, whether the agreement had been properly communicated to the employees, and whether it contained terms that were contrary to the public interest. The Commission also needed to examine whether the agreement met the requirements for being a "single, integrated" agreement, which is a prerequisite for registration.

The Commission found that the agreement had been negotiated in good faith and that it complied with the requirements of the Fair Work Act. The Commission was satisfied that there was no evidence of coercion and that the agreement had been properly communicated to the employees. The Commission also found that the agreement contained no terms that were contrary to the public interest. The Commission further found that the agreement was a "single, integrated" agreement, as required by the Act. Accordingly, the Commission approved the agreement and registered it as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Profectus Build / CFMEU Collective Agreement 2019-2023 and registered it as a registered agreement under the Fair Work Act. The agreement will now have legal enforceability, and the parties will be bound by its terms. The Commission's decision provides clarity for both employers and employees in the construction industry, and it sets a precedent for future collective agreements in the sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established