DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6158)

HIGH RISE FORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JULY 2021

Application for approval of the High Rise Form Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the High Rise Form Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 29 July 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the High Rise Form Pty Ltd / CFMEU Collective Agreement 2019-2023, under section 233 of the Fair Work Act 2009. The dispute was heard by the Fair Work Commission (FWC) and subsequently appealed to the Federal Court of Australia. The CFMEU argued that the agreement should be approved as it was made in good faith and for the purpose of establishing a uniform rate of pay for workers in the high-rise construction industry. The employer contested the application on the basis that the agreement did not meet the requirements of the Act.

The court considered whether the agreement was made in good faith and for the purpose of establishing a uniform rate of pay. The FWC had found that the agreement was not made in good faith because it was influenced by an unrelated industrial dispute. The CFMEU argued that the FWC erred in law by not considering all relevant evidence and by placing undue weight on the employer's evidence. The court examined the FWC's reasons and found that the FWC had not erred in law. The court held that the FWC was correct to find that the agreement was not made in good faith because it was influenced by an unrelated industrial dispute. The court dismissed the appeal and upheld the FWC's decision.

The Federal Court dismissed the CFMEU's appeal and upheld the FWC's decision not to approve the agreement. The court held that the FWC was correct to find that the agreement was not made in good faith because it was influenced by an unrelated industrial dispute. The court found that the FWC had considered all relevant evidence and had not placed undue weight on any particular evidence. The court held that the CFMEU's argument that the FWC had erred in law was without merit. The court dismissed the appeal and affirmed the FWC's decision.

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