Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3221)

BLUELINE GROUP INTERIORS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building services
COMMISSIONER SIMPSON	BRISBANE, 22 SEPTEMBER 2023

Application for approval of the Blueline Group Interiors Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the Blueline Group Interiors 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 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 29 September 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 applied for the approval of a collective agreement with Blueline Group Interiors Pty Ltd. The matter was heard by the Fair Work Commission, which has jurisdiction over workplace relations and collective bargaining agreements in Australia. The union and the company sought to establish terms and conditions of employment that would govern their workforce for the period 2023 to 2027.

The key legal issues before the Commission were whether the proposed agreement met the statutory criteria for approval, including compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement was in the public interest, did not discriminate unfairly, and provided for fair and reasonable terms and conditions of employment. Additionally, the Commission examined whether the agreement adequately protected the rights of employees and employers.

The Commission found that the proposed collective agreement was in the public interest and did not contain any discriminatory provisions. The agreement included provisions that were fair and reasonable, providing appropriate protections and benefits for employees. The Commission noted the parties' cooperative approach to bargaining and the inclusion of standard provisions that aligned with broader industry standards. As a result, the Commission approved the agreement, confirming that it met all necessary legislative requirements.

The Fair Work Commission approved the Blueline Group Interiors Pty Ltd and CFMEU Union Collective Agreement 2023-2027, subject to registration with the Fair Work Commission. The approval was contingent on the agreement being registered within the specified timeframe, and the Commission outlined the process for registration, including the necessary documentation and fees. This decision confirmed the validity of the agreement and its terms and conditions, which would now govern the employment relationship between the union and the company for the next four years.

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