Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 3110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3243)

STRUCTURAL REINFORCEMENTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 26 SEPTEMBER 2023

Application for approval of the Structural Reinforcements Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Structural Reinforcements 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 3 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 the Fair Work Commission, Structural Reinforcements Pty Ltd applied for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union for the period 2023-2027. The applicant, a small business engaged in the construction industry, sought to establish terms and conditions for its employees in an agreement that it argued would facilitate productivity and workplace harmony. The union, representing the employees, contended that the proposed agreement was fair and met the standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed collective agreement met the criteria for approval as prescribed by the Act. Specifically, the Commission needed to determine if the agreement provided for terms and conditions that were no less favourable than the relevant awards or safety nets, and if it was made in good faith and did not undermine the capacity of employees to protect their interests. The Commission also had to consider the implications of the agreement on the broader industrial relations system.

In assessing the application, the Commission carefully reviewed the provisions of the proposed agreement, comparing them against relevant awards and safety net provisions. The Commission found that the agreement did not provide terms that were less favourable than the applicable awards or safety nets, and it was made in good faith. The Commission further determined that the agreement did not undermine the capacity of employees to protect their interests and would contribute to a productive and harmonious workplace. Therefore, the Commission approved the application, finding that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the application for the Structural Reinforcements Pty Ltd and CFMEU Union Collective Agreement 2023-2027, recognising it as meeting the necessary legal standards for endorsement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established