Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7713)

FITZGERALD CONSTRUCTIONS AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 OCTOBER 2021

Application for approval of the Fitzgerald Constructions Australia Pty Ltd and CFMEU Union Collective Agreement 2020‒2022

[1] An application has been made for approval of an enterprise agreement known as the Fitzgerald Constructions Australia Pty Ltd 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 22 October 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter under consideration involved an application for the approval of a collective agreement between Fitzgerald Constructions Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought before the Fair Work Commission. The central dispute centred on whether the proposed collective agreement between the employer and the union adequately addressed the needs and protections of employees, particularly in terms of wages, conditions, and dispute resolution mechanisms.

The legal issues that the court had to resolve included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements, and if it provided fair and reasonable terms for employees. The court was tasked with ensuring that the agreement did not adversely affect employees' terms and conditions and that it was made in good faith.

In deliberating on these issues, the court examined the content of the proposed agreement, focusing on its provisions regarding wages, hours of work, leave entitlements, and dispute resolution processes. The court took into account submissions from both parties and considered whether the agreement balanced the interests of the employer and the union without compromising the rights and protections of employees. Ultimately, the court found that the agreement met the legislative requirements and provided fair and reasonable terms for the employees. Consequently, the court approved the collective agreement, ensuring that it would serve as a binding contract between the employer and the union for the specified period.

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