Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7302)

MOITS PROJECT MANAGEMENT PTY LTD / CFMEU DEMOLITION COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 SEPTEMBER 2021

Application for approval of the Moits Project Management Pty Ltd / CFMEU Demolition Collective Agreement 2019-2023

[1] An application has been made for approval of a greenfields agreement known as the Moits Project Management Pty Ltd / CFMEU Demolition 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Moits Project Management Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The agreement, known as the Moits Project Management Pty Ltd / CFMEU Demolition Collective Agreement 2019-2023, was sought to be approved under the Fair Work Act 2009. The application was brought before the Commission to ensure that the terms of the agreement complied with the statutory requirements and were fair and reasonable in all respects.

The primary legal issues the Commission needed to address were whether the agreement was in accordance with the Fair Work Act and whether it met the criteria for approval as set out in the legislation. Specifically, the Commission had to consider whether the agreement provided for a fair and reasonable manner of determining the terms and conditions of employment, including wages, hours of work, and other conditions of employment. Additionally, the Commission had to ensure that the agreement did not undermine the protection of employees’ rights or the role of unions in representing employees.

The Commission examined the contents of the agreement, including its provisions on wages, hours of work, and other employment conditions. The Commission found that the agreement was comprehensive and covered all necessary terms and conditions. It also noted that the agreement provided mechanisms for resolving disputes between the parties and ensured that employees would be fairly represented by their union. After considering all relevant factors, the Commission was satisfied that the agreement was fair and reasonable and complied with the statutory requirements. Consequently, the Commission approved the Moits Project Management Pty Ltd / CFMEU Demolition Collective Agreement 2019-2023.

The final orders of the Commission were that the agreement be approved under the Fair Work Act, and it came into effect on the date of the Commission's decision. The approval ensures that the terms and conditions of employment for employees covered by the agreement are governed by the provisions set out in the collective agreement, providing a clear and fair framework for the employment relationship between Moits Project Management Pty Ltd and the employees represented by the CFMEU.

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