Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3082)

TOTAL CONTRACT SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 15 SEPTEMBER 2023

Application for approval of the Total Contract Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Total Contract Services 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 22 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 the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Total Contract Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The applicant union claimed that the agreement, which had been negotiated with the employer, contained terms and conditions of employment that were consistent with the Fair Work Act 2009. The employer did not oppose the application.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements of the Fair Work Act. This involved assessing whether the agreement contained only lawful terms and conditions, and whether it was consistent with the overarching principles of the Act, including those relating to industrial action, redundancy, and minimum entitlements.

The Commission found that the agreement contained lawful terms and conditions of employment, and was consistent with the Fair Work Act. The Commission noted that the agreement contained provisions that were necessary to facilitate the efficient operation of the employer's business, and that these provisions were consistent with the broader principles of the Act. The Commission also found that the agreement contained provisions that protected the rights and entitlements of employees, and that these provisions were consistent with the principles of the Act. Accordingly, the Commission approved the agreement.

The Commission's decision was based on a detailed analysis of the agreement and the relevant provisions of the Fair Work Act. The Commission found that the agreement contained lawful terms and conditions of employment, and that these terms and conditions were consistent with the broader principles of the Act. The Commission also found that the agreement contained provisions that protected the rights and entitlements of employees, and that these provisions were consistent with the principles of the Act. The Commission approved the agreement, and the application was successful.

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