Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7714)

APEX FACADES QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 OCTOBER 2021

Application for approval of the Apex Facades QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the Apex Facades QLD 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 before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Apex Facades QLD Pty Ltd. The dispute centred on the approval of a proposed collective agreement for the period 2020 to 2022. The Commission was tasked with assessing the agreement to determine if it met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission needed to address was whether the proposed agreement contained terms that were against the public interest or that failed to comply with the good faith bargaining obligations under the Act. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any party and that it was consistent with the overarching objectives of the Act, which includes promoting high levels of employment and conditions.

The Commission examined the proposed agreement closely, considering the specific terms regarding wages, working conditions, and other employment-related provisions. After careful analysis, the Commission determined that the agreement did not contain any terms that were against the public interest or that breached good faith bargaining obligations. The Commission also found that the agreement was fair and did not unduly disadvantage any party involved. Consequently, the Commission approved the collective agreement, finding it to be compliant with the requirements of the Fair Work Act 2009.

As a result of the Commission's decision, the CFMEU and Apex Facades QLD Pty Ltd were able to proceed with the approved collective agreement for the specified period. This outcome provided certainty and stability to the employment relationship between the union and the company, while also ensuring that the agreement met the necessary legal standards for approval.

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