Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 3033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3183)

TNP PLASTERING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 SEPTEMBER 2023

Application for approval of the TNP Plastering Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the TNP Plastering 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 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

The matter before the Fair Work Commission involved an application for the approval of the 2023-2027 collective agreement between TNP Plastering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the terms of the proposed agreement were in compliance with the relevant industrial legislation and whether they met the standards of good faith bargaining and the principles of fairness.

The key legal issues revolved around the enforceability of the agreement's terms, specifically regarding wage rates, working conditions, and dispute resolution mechanisms. The Commission had to ensure that the agreement did not contravene any provisions of the Fair Work Act 2009 and that it was the product of genuine and meaningful negotiations. The Commission also needed to consider whether the agreement adequately protected the rights and interests of both parties.

In assessing the application, the Commission reviewed the evidence presented by both parties, including the negotiation process and the terms of the agreement. The Commission determined that the agreement was the result of genuine and good faith bargaining, and that it contained terms that were fair and reasonable. The Commission approved the collective agreement, finding that it did not contravene any provisions of the Fair Work Act 2009 and was in the best interests of both parties.

The Fair Work Commission approved the 2023-2027 collective agreement between TNP Plastering Pty Ltd and the CFMEU. The Commission found that the agreement was the product of genuine negotiations and contained terms that were fair and reasonable. The decision provides clarity on the enforceability of the agreement and sets a precedent for future negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established