DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5586)

FDC / CFMEU COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JUNE 2021

Application for approval of the FDC / CFMEU Collective Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the FDC / CFMEU Collective Agreement 2021-2023 (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 30 June 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement from the Fair Work Commission. The dispute centred on whether the agreement, which had been reached through negotiations, adhered to the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was procedurally and substantively compliant with the Act. The parties involved included the union and the employers' representative, who had participated in the negotiation process.

The legal issues before the Commission were multifaceted, requiring scrutiny of both the negotiation process and the content of the agreement. The Commission had to consider whether the agreement was genuinely negotiated, whether it complied with specific provisions of the Act, and whether it met the criteria for approval under section 234 of the Fair Work Act. The union argued that the agreement was the product of genuine negotiations and contained provisions that were fair and reasonable. The employer, on the other hand, contested the validity of the negotiation process and the fairness of certain provisions.

The Commission found that the agreement was the product of genuine negotiations, as evidenced by the extensive bargaining process and the involvement of both parties. It concluded that the agreement met the substantive requirements of the Act, including provisions on wages, working conditions, and dispute resolution mechanisms. The Commission determined that the agreement was fair and reasonable and approved it under section 234 of the Fair Work Act. This decision ensured that the agreement would provide a framework for industrial relations between the union and the employers for the specified period.

The Fair Work Commission approved the FDC/CFMEU Collective Agreement 2021-2023, affirming its compliance with the Fair Work Act. The decision validated the negotiation process and the content of the agreement, providing certainty and stability for both the union and the employers. This ruling reinforced the importance of genuine negotiations and the need for agreements to meet the legal standards set by the Act.

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