Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3412)

APPLICATION FOR APPROVAL OF THE GOLDENLIGHT PTY LTD AND CFMEU ACT STEEL-FIXING AND POST-TENSIONING SECTOR AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 4 OCTOBER 2023

Application for approval of the Goldenlight Pty Ltd and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2023

An application has been made for approval of an enterprise agreement known as the GOLDENLIGHT PTY LTD AND CFMEU ACT STEEL-FIXING AND POST-TENSIONING SECTOR AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2023. The nominal expiry date of the Agreement is 30 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Goldenlight Pty Ltd. The dispute centred on the application for the approval of the CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2023. The court was tasked with reviewing the terms of the agreement and ensuring they met the requisite legal standards for approval. The court was required to decide whether the agreement complied with relevant industrial relations legislation, including provisions related to employee rights and employer obligations.

The primary legal issue was whether the proposed agreement was consistent with the Fair Work Act 2009. The court needed to determine if the agreement contained all the mandated terms, whether it was fair and reasonable, and if it adhered to the requirements of good faith bargaining. The court also needed to consider if the agreement provided adequate protection for employees and balanced the interests of both parties.

The court examined the agreement in detail, focusing on its compliance with the statutory framework. The agreement was found to be comprehensive, covering all mandated terms, and the court was satisfied that it was fair and reasonable. The court also determined that the agreement demonstrated good faith bargaining and appropriately balanced the interests of both employers and employees. Consequently, the court approved the agreement, finding it to be compliant with the Fair Work Act 2009 and suitable for registration. The court's decision was based on a thorough analysis of the agreement's provisions and their alignment with legal standards.

The final orders of the court were to approve the Goldenlight Pty Ltd and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2023. The court registered the agreement, confirming its validity and enforceability. The decision provided certainty for both parties, ensuring that the agreement could be implemented without legal impediments. The approval also served as a precedent for similar agreements in the industry, reinforcing the importance of compliance with industrial relations laws.

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