Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7294)

MOITS (NSW) PTY LTD / CFMEU CIVIL AND BUILDING ENGINEERING COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 SEPTEMBER 2021

Application for approval of the Moits (NSW) Pty Ltd / CFMEU Civil and Building Engineering Collective Agreement 2019-2023

[1] An application has been made for approval of a greenfields agreement known as the Moits (NSW) Pty Ltd / CFMEU Civil and Building Engineering Collective Agreement 2019-2023 (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 24 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Moits (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Civil and Building Engineering Collective Agreement 2019-2023. The matter was heard in the Fair Work Commission, which is responsible for approving and registering enterprise agreements in Australia. The Commission's role is to ensure that such agreements meet the statutory requirements and provide a fair and reasonable outcome for all parties involved.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement, whether it complied with the Fair Work Act 2009, and if it was fair and reasonable in all its terms. Specifically, the Commission had to consider whether the agreement complied with the statutory requirements such as the bargaining requirement, the employee protection provisions, and whether it provided for a reasonable outcome for employees and employers.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement was genuinely an enterprise agreement and that it complied with all statutory requirements. The Commission also found that the agreement was fair and reasonable in its terms, taking into account the nature of the industry and the bargaining positions of the parties. The Commission noted that the agreement provided for reasonable outcomes for both employees and employers, and that it included provisions for the protection of employees' rights and entitlements.

The Fair Work Commission approved the Moits (NSW) Pty Ltd and CFMEU Civil and Building Engineering Collective Agreement 2019-2023, and it was registered with the Commission. This outcome ensures that the agreement will provide a fair and reasonable outcome for all parties involved, and that it will be enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established