Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3326)

ALL HEIGHT FACADES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 3 OCTOBER 2023

Application for approval of the All Height Facades Ply Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the All Height Facades Ply Ltd and CFMEU Union Collective Agreement 2023-2027 (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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the All Height Facades Ply Ltd and CFMEU Union Collective Agreement 2023-2027. The dispute arose in the Fair Work Commission, a tribunal with jurisdiction over employment and workplace relations matters in Australia. The CFMEU sought approval for the agreement, which outlines terms and conditions of employment between the union and All Height Facades Ply Ltd, a small company in the construction industry.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009. This involved assessing whether the agreement met the statutory requirements for a valid enterprise agreement, including provisions for dispute resolution, non-discriminatory terms, and procedural fairness. The Commission had to determine whether the agreement provided adequate protections for employees and whether it was genuinely negotiated between the parties.

The Commission found that the agreement was valid and compliant with the statutory requirements. The agreement included provisions for dispute resolution, non-discriminatory terms, and procedural fairness. The Commission was satisfied that the agreement was genuinely negotiated and provided adequate protections for employees. The Commission approved the agreement, noting that it was in the best interests of the employees of All Height Facades Ply Ltd. The decision highlights the importance of ensuring that collective agreements meet the legal standards set out in the Fair Work Act.

The Fair Work Commission approved the All Height Facades Ply Ltd and CFMEU Union Collective Agreement 2023-2027. This decision affirms the importance of ensuring that collective agreements meet the legal standards set out in the Fair Work Act. The approval of the agreement provides certainty and stability for the employees of All Height Facades Ply Ltd, as well as a framework for resolving workplace disputes in the future.

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