Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7645)

BEENLEIGH STEEL FABRICATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 OCTOBER 2021

Application for approval of the Beenleigh Steel Fabrications Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the Beenleigh Steel Fabrications 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 18 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 an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Beenleigh Steel Fabrications Pty Ltd for the period 2020-2022. The primary issue before the commission was whether the collective agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement complied with the provisions regarding good faith bargaining and if it was fair and reasonable in terms of the terms and conditions of employment.

The commission examined the process through which the agreement was negotiated and the content of the agreement itself. It considered whether the bargaining process was conducted in good faith, as required by the Act, and whether the terms of the agreement were fair and reasonable. The commission looked at various factors, including the nature of the industry, the bargaining power of the parties, and the overall impact of the agreement on the employees. The CFMEU argued that the agreement reflected the specific needs and conditions of the industry, while Beenleigh Steel Fabrications Pty Ltd contended that certain provisions were unreasonable and not in the best interests of the business.

The commission concluded that the agreement, while not perfect, was the result of good faith bargaining and contained terms and conditions that were fair and reasonable. It found that the process of negotiation had been conducted appropriately, and the terms of the agreement reflected a balance of interests between the parties. The commission approved the collective agreement, noting that while some provisions could be improved, the overall agreement was in the best interests of the employees and the employer.

The commission's decision resulted in the approval of the Beenleigh Steel Fabrications Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The agreement was to be registered and would have legal effect as a registered agreement under the Fair Work Act 2009. The decision also provided guidance on areas where improvements could be made in future negotiations to ensure that the terms of any collective agreement are fair and reasonable for all parties involved.

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