Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 3112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3290)

SUPERIOR WALLS & CEILINGS (AUS) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 28 SEPTEMBER 2023

Application for approval of the Superior Walls & Ceilings (AUS) Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Superior Walls & Ceilings (AUS) Pty 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 5 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 matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, and Superior Walls & Ceilings (AUS) Pty Ltd, a company in the construction industry. The dispute centred on the application for the approval of a proposed collective agreement between the union and the employer for the period 2023-2027. The application was brought before the Commission to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission involved assessing whether the collective agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for minimum terms and conditions that were no less favourable than the relevant award, whether it complied with the good faith bargaining obligations, and whether it adhered to other relevant statutory provisions. The Commission also had to ensure that the agreement did not contravene any provisions that protect employees from unfair treatment.

The Commission reviewed the proposed agreement and examined its provisions against the statutory requirements. It was noted that the agreement provided for terms and conditions that were not less favourable than the relevant award, and it contained provisions that were consistent with the good faith bargaining obligations. The Commission also found that the agreement did not contain any provisions that would lead to unfair treatment of employees. As a result, the Commission approved the application for the collective agreement, finding it to be compliant with the Fair Work Act.

The Fair Work Commission approved the Superior Walls & Ceilings (AUS) Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The approval was made on the basis that the agreement complied with the statutory requirements under the Fair Work Act. The Commission found that the agreement provided for minimum terms and conditions that were no less favourable than the relevant award, and it contained provisions that were consistent with the good faith bargaining obligations. The Commission also determined that the agreement did not contravene any provisions that would result in unfair treatment of employees. Consequently, the agreement was approved and is now in effect for the period 2023-2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established