Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7480)

ABI-CIVIL CONTRACTING SERVICES (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 SEPTEMBER 2021

Application for approval of the ABI-Civil Contracting Services (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of a greenfields agreement known as the ABI-Civil Contracting Services (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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] 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants in this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ABI-Civil Contracting Services (NSW) Pty Ltd, sought approval of their collective agreement for the period 2019-2023. This application was made to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009 (Cth). The primary dispute centred on the terms and conditions outlined within the agreement, specifically whether they complied with statutory requirements and were fair and reasonable.

The legal issues before the Commission involved ensuring the agreement adhered to the legislative framework established by the Fair Work Act, including provisions relating to minimum entitlements, enterprise bargaining, and the prevention of unfair dismissal. The Commission also had to assess whether the agreement met the standards of procedural fairness and the public interest, particularly in terms of providing adequate protections for employees and fostering a cooperative workplace environment.

In its decision, the Commission thoroughly examined each clause of the agreement, considering submissions from both parties and relevant legal precedents. It concluded that the majority of the terms and conditions were in compliance with the Act and did not contravene public interest or fairness standards. The Commission found that while some aspects required minor amendments to ensure clarity and fairness, the overall agreement represented a balanced outcome that met the necessary legal and practical requirements. Consequently, the Commission approved the agreement with the specified modifications.

The final orders included the approval of the collective agreement with certain amendments, ensuring that it complied with the statutory requirements and public interest considerations. The Commission mandated that the parties implement the agreed changes within a specified timeframe and report back on compliance with the terms of the approved 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