Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7390)

GUARDIAN FABRICATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 SEPTEMBER 2021

Application for approval of the Guardian Fabrications Pty Ltd and CFMEU Union Collective Agreement 2020‒2022

[1] An application has been made for approval of a greenfields agreement known as the Guardian Fabrications Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (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] 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 of the Act, will operate from 30 September 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with Guardian Fabrications Pty Ltd. The dispute centred around the terms and conditions of employment as outlined in the proposed collective agreement for the period 2020-2022. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including the obligation to ensure that the agreement does not have the effect of undermining the operation of the national workplace relations system.

The central legal issues before the Commission involved the interpretation of specific provisions within the Fair Work Act and the Fair Work Regulations, particularly those concerning the terms of employment, minimum rates of pay, and the overall fairness and compliance of the agreement. Additionally, the Commission had to consider whether the agreement adequately balanced the rights and obligations of both the employer and the employees, ensuring it did not undermine the national workplace relations system.

In examining the application, the Commission assessed the fairness of the proposed terms and conditions, scrutinising whether the agreement provided adequate protections and benefits to employees while also being reasonable for the employer. The Commission considered the evidence and submissions provided by both parties, focusing on the reasonableness of the proposed terms in light of the broader economic and industrial context. Ultimately, the Commission determined that the agreement did not contravene the provisions of the Fair Work Act and approved the collective agreement, acknowledging its balanced approach to the rights and obligations of both parties.

The final order of the Commission was the approval of the Guardian Fabrications Pty Ltd and CFMEU Union Collective Agreement 2020-2022, subject to its operation in accordance with the terms specified in the agreement. This decision affirmed the Commission’s role in ensuring that collective agreements are fair and compliant with the national workplace relations system.

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