Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7394)

THE TRUSTEE FOR WILLIAMS FAMILY TRUST T/AS STEEL STRUCTURES AUSTRALIA AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 SEPTEMBER 2021

Application for approval of the The Trustee for Williams Family Trust T/As Steel Structures Australia and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the The Trustee for Williams Family Trust T/As Steel Structures Australia and CFMEU Union Collective Agreement 2020-2022 (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 30 September 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought approval from the Fair Work Commission for a proposed collective agreement between The Trustee for Williams Family Trust trading as Steel Structures Australia and the Union. The disagreement arose from the Union's claim that the company had failed to comply with its obligations under the Fair Work Act 2009 to bargain in good faith. The Union argued that the company's refusal to engage in negotiations amounted to an unfair labour practice. The Fair Work Commission was tasked with determining whether the Union had established that the company had not genuinely attempted to reach an agreement.

The legal issues before the Commission were whether the Union had provided sufficient evidence to support its claim that the company had not bargained in good faith and whether the company's actions constituted an unfair labour practice. The Commission considered the nature of the evidence presented, the obligations of the parties under the Fair Work Act, and the principles of good faith bargaining. It was necessary to assess the conduct of both parties and the context of their interactions to determine if the Union's allegations were substantiated.

The Fair Work Commission found that the Union had not provided sufficient evidence to support its claim that the company had not bargained in good faith. The Commission determined that the company had engaged in negotiations and that the Union's allegations of bad faith were not supported by the evidence. The Commission also found that the company's actions did not constitute an unfair labour practice. The evidence presented did not demonstrate a failure on the part of the company to genuinely attempt to reach an agreement. As a result, the Union's application for approval of the collective agreement was dismissed.

The Fair Work Commission dismissed the Union's application for approval of the proposed collective agreement. The Commission determined that the Union had not provided sufficient evidence to establish that the company had not bargained in good faith and that the company's actions did not constitute an unfair labour practice. The Commission did not grant the approval sought by the Union, and the collective agreement remains subject to further negotiation between the parties.

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