Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7733)

G & H PLANT HIRE PTY LTD T/AS G & H CIVIL CONTRACTORS AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 OCTOBER 2021

Application for approval of the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors 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 25 October 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors and CFMEU Union Collective Agreement 2020-2022. The agreement was to cover employees of G & H who were members of the union. The matter arose due to a disagreement between the parties regarding the terms and conditions of employment, specifically those outlined in the proposed agreement.

The central legal issues for the court to decide were whether the collective agreement complied with the relevant sections of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court needed to assess whether the agreement met the requirements for approval, including whether it was free from prohibited content, and whether it provided for fair and reasonable terms and conditions of employment.

The court examined the agreement in detail, considering its provisions in light of the legislative framework. It found that the agreement was largely compliant with the statutory requirements, although it identified minor issues that needed to be addressed. The court made specific findings about the provisions for casual employees and the handling of disputes, but concluded that these could be rectified without fundamentally altering the agreement's purpose. After some minor amendments, the court approved the agreement, deeming it fair and reasonable for the employees covered by it.

The final orders of the court were that the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors and CFMEU Union Collective Agreement 2020-2022 be approved, subject to the conditions that certain amendments be made to address the identified issues. These amendments included clarifying the dispute resolution process and ensuring consistency in the treatment of casual employees. The court's decision allowed the agreement to take effect, providing a legally binding framework for the employment relationship between G & H and the union members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established