Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7605)

THE TRUSTEE FOR BRISBANE PRE-CAST UNIT TRUST T/AS
BRISBANE PRE-CAST PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 OCTOBER 2021

The Trustee for Brisbane Pre-Cast Unit Trust T/as Brisbane Pre-Cast Pty Ltd and CFMEU Union Collective Agreement 2020‒2022

[1] An application has been made for approval of an enterprise agreement known as
The Trustee for Brisbane Pre-Cast Unit Trust T/as Brisbane Pre-Cast 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 14 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

The trustee for the Brisbane Pre-Cast Unit Trust, trading as Brisbane Pre-Cast Pty Ltd, took legal action against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), concerning a union collective agreement. The central dispute was the interpretation and application of the CFMEU Union Collective Agreement 2020‒2022. The matter was heard in the Fair Work Commission, which has jurisdiction over employment and workplace relations disputes in Australia.

The primary legal issues the Commission had to address were whether certain clauses within the collective agreement were validly applied to the employer and whether the employer was legally bound to adhere to the provisions of the agreement. The Commission was tasked with determining the enforceability of the agreement and resolving the specific obligations of the employer under the agreement.

In its reasoning, the Commission examined the nature and scope of the collective agreement, considering the rights and obligations of both parties. It assessed whether the agreement had been properly executed and whether there was any ambiguity in the terms that could lead to differing interpretations. The Commission also evaluated the compliance of the employer with the agreement's provisions and the consequences of any non-compliance. Ultimately, the Commission found that the agreement was valid and enforceable, and that the employer was indeed bound by its terms. The Commission provided detailed findings and directives regarding the specific obligations of the employer under the collective agreement.

The Commission issued orders requiring the employer to comply with the terms of the CFMEU Union Collective Agreement 2020‒2022, including specific directives on wage rates, working conditions, and other employment-related matters. The Commission also clarified certain ambiguous clauses to ensure both parties understood their obligations and rights under the agreement.

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