Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7475)

ALKON CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 SEPTEMBER 2021

Application for approval of the Alkon Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Alkon Constructions 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). 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 5 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Alkon Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023. The respondent, Alkon Constructions Pty Ltd, did not contest the application but sought certain clarifications and amendments to the proposed agreement. The legal dispute centred on the interpretation and enforceability of specific provisions within the agreement, particularly those concerning employee entitlements, working conditions, and dispute resolution mechanisms.

The primary legal issues addressed by the Commission were whether the provisions of the agreement complied with the Fair Work Act 2009 and whether they were fair and reasonable in the context of industrial relations. The Commission examined if the terms of the agreement adhered to the principles of good faith bargaining and whether they provided adequate protections for employees while balancing the interests of employers. The CFMEU argued that the proposed agreement was the product of genuine collective bargaining, while Alkon Constructions Pty Ltd sought minor adjustments to ensure clarity and fairness.

In its decision, the Fair Work Commission found that the majority of the provisions in the proposed agreement were consistent with the relevant legislation and were fair and reasonable. The Commission addressed the specific concerns raised by Alkon Constructions Pty Ltd by making minor amendments to the agreement to enhance clarity and ensure compliance with statutory requirements. The Commission determined that the agreement reflected the principles of good faith bargaining and provided appropriate protections for employees, while also accommodating the legitimate interests of the employer.

The Commission approved the Alkon Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023, with the specified amendments, as binding on the parties. The decision was made in light of the evidence presented, the principles of industrial relations law, and the need to foster a balanced and fair workplace environment.

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