Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7429)

STEPHEN LITTLE CONSTRUCTIONS AND CFMEU ENTERPRISE AGREEMENT (TAS) 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 SEPTEMBER 2021

Application for approval of the Stephen Little Constructions and CFMEU Enterprise Agreement (Tas) 2021

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Stephen Little Constructions and CFMEU Enterprise Agreement (Tas) 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] While the application is generally in order, the employees were not provided with all of the voting information seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[5] The Agreement was approved on 29 September 2021 and, in accordance with s 54, will operate from 6 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Enterprise Agreement between Stephen Little Constructions and the Construction, Forestry, Maritime, Mining and Energy Union (Tas). The dispute centred on whether the agreement met the necessary legal standards and provided for the fair and efficient resolution of workplace issues. The Fair Work Commission was tasked with determining the validity and approval of the agreement.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it met the requirements of the Fair Work Act 2009, particularly concerning the coverage of employees, the process of negotiation, and the fairness of the terms. Additionally, the Commission needed to ensure that the agreement was not contrary to public policy and provided for the appropriate resolution of workplace disputes.

In delivering its decision, the Fair Work Commission examined the evidence of genuine negotiation and the process through which the agreement was reached. The Commission considered the parties' submissions and the overall fairness of the terms proposed. The Commission found that the agreement had been genuinely negotiated between the parties and that it met the statutory requirements for approval. The Commission concluded that the agreement was fair and appropriate for the workforce and approved it, ensuring that it would be registered and enforceable under the Fair Work Act.

The final orders of the Commission included the approval of the Enterprise Agreement and its registration with the Fair Work Ombudsman. This decision ensures that the terms of the agreement will govern the employment conditions of the covered employees, providing a clear framework for resolving workplace issues.

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