Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3331)

OMEGA STRUCTURES 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 Omega Structures Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Omega Structures Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this 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

The case involved an application for the approval of a collective agreement between Omega Structures Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The FWC examined the submissions of both parties, as well as the broader context of the agreement's implications for the workforce.

The primary legal issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the FWC had to consider if the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the FWC needed to ensure that the agreement did not undermine the essential rights of employees or the ability of employers to manage their businesses effectively.

The FWC found that the agreement was made in good faith and included terms and conditions that were fair and reasonable. The commission noted that both parties had engaged in meaningful negotiations, and the agreement reflected a balance of interests between the employer and the union. The FWC also concluded that the agreement did not undermine the essential rights of employees or the ability of the employer to manage their business effectively. Consequently, the FWC approved the collective agreement, recognising its benefits in promoting fair and harmonious workplace relations.

The FWC's decision to approve the agreement was based on a thorough analysis of the submissions from both parties and the broader implications for the workforce. The commission's final orders included the approval of the Omega Structures Pty Ltd and CFMEU Union Collective Agreement 2023–2027, providing a framework for the employment conditions of the workers for the specified period.

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