Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7519)

MAINLAND CIVIL QUEENSLAND PTY LIMITED AND CFMEU
MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the Mainland Civil Queensland Pty Limited and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

[1] An application has been made for approval of a greenfields agreement known as the Mainland Civil Queensland Pty Limited and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2021. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union lodged an application for the approval of the Mainland Civil Queensland Pty Limited and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025. The primary concern was whether the terms and conditions of the agreement aligned with the Fair Work Act 2009 and its accompanying regulations. The legal issues focused on whether the agreement met the statutory requirements for approval, including provisions for employee entitlements, minimum wages, and dispute resolution mechanisms.

The Commission assessed the agreement against the benchmarks set forth in the Fair Work Act and the Fair Work Regulations 2009. It examined whether the agreement provided at least the minimum entitlements required by the Act, including minimum wages, leave entitlements, penalty rates, and notice of termination. Additionally, the Commission considered whether the agreement contained appropriate dispute resolution processes that were in line with the statutory framework. The agreement's provisions were scrutinised to ensure they did not undermine the minimum standards established by the Act or allow for unfair treatment of employees.

The Commission concluded that the agreement complied with the statutory requirements and approved it. The agreement was found to provide employees with entitlements that met or exceeded the minimum standards set by the Act, and it included appropriate dispute resolution mechanisms. The Commission determined that the agreement was fair and balanced, taking into account the interests of both employers and employees.

The final orders of the Commission were to approve the Mainland Civil Queensland Pty Limited and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025, effective from the date of the decision. The agreement was to be registered and published on the Fair Work Commission's website, and it would govern the terms and conditions of employment for the covered employees until the next scheduled review.

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