DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6508)

THE TRUSTEE FOR SEYMOURS FAMILY TRUST T/AS SEYMOURS BUILDING & CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 AUGUST 2021

Application for approval of The Trustee for Seymours Family Trust T/As Seymours Building & Construction Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Seymours Family Trust T/As Seymours Building & Construction 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 19 August 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

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and The Trustee for Seymours Family Trust T/As Seymours Building & Construction Pty Ltd, who sought approval for a collective agreement. This dispute was heard in the Fair Work Commission (FWC). The crux of the matter was whether the proposed collective agreement, specifically the CFMEU Union Collective Agreement 2020-2022, met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC encompassed the interpretation and application of the relevant sections of the Fair Work Act, particularly sections 234 and 235, which govern the approval process for union and employer collective agreements. The central question was whether the agreement complied with the criteria set out in the Act, including whether it contained only matters that could be the subject of a lawful agreement and whether it met the requirements for being fair and appropriate.

In delivering the decision, the FWC carefully considered the content of the agreement, assessing whether it met the statutory requirements for approval. The FWC determined that the agreement complied with the legislative criteria. It was found to cover matters that could lawfully be included in a collective agreement and was deemed to be fair and appropriate. Consequently, the FWC approved the collective agreement, thereby resolving the dispute in favour of the applicants.

The final order of the FWC was the approval of the CFMEU Union Collective Agreement 2020-2022, effective from the date of the decision, ensuring that the agreement could be implemented as intended by the parties involved.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established