Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6993)

UAS ACCESS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 SEPTEMBER 2021

Application for approval of the UAS Access Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the UAS Access Pty Ltd 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 20 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

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to the Fair Work Commission for the approval of a collective agreement with UAS Access Pty Ltd. The agreement was for the period 2020 to 2022 and included various terms and conditions related to employment and workplace practices. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and, if so, to approve it.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for the fair treatment of employees, was consistent with the principles of the national workplace relations system, and did not contravene any provisions of the Act. The Commission also needed to consider whether the agreement had been negotiated in good faith and whether it adequately protected the rights and interests of the employees covered by it.

In reaching its decision, the Commission examined the content of the agreement in detail, considering each clause and its implications for the employees and the employer. The Commission noted that the agreement contained provisions that aligned with the principles of the national workplace relations system and provided for fair treatment of employees. The Commission found that the agreement had been negotiated in good faith and that it did not contravene any provisions of the Act. As such, the Commission was satisfied that the agreement met the statutory requirements for approval and accordingly approved the collective agreement between UAS Access Pty Ltd and the CFMEU.

The Fair Work Commission approved the UAS Access Pty Ltd and CFMEU Union Collective Agreement 2020-2022, finding that it complied with the requirements of the Fair Work Act. The Commission's approval ensures that the terms and conditions of employment set out in the agreement are legally enforceable and provide a framework for fair and equitable workplace relations 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