Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3088)

C&C CONSTRUCT 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 C&C Construct Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the C&C Construct 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 a proposed collective agreement with C&C Construct Pty Ltd. The dispute arose from negotiations between the union and the employer, focusing on various employment conditions, including wages, hours of work, and other terms and conditions of employment for the employees covered by the agreement. The Commission was tasked with evaluating the agreement to determine if it met the necessary standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the requirements of the Fair Work Act, particularly in terms of its fairness, efficiency, and overall impact on the employees and the employer. This involved an assessment of the agreement's provisions against the Better Off Overall Test (BOOT), which ensures that employees are not worse off financially as a result of the agreement. The Commission also considered whether the agreement met the other statutory requirements, such as not containing provisions that are contrary to public policy or contrary to the operation of the Act.

The Commission found that the proposed agreement met the statutory requirements for approval. The agreement was deemed to be fair and efficient, and it was concluded that the employees would be better off overall under the terms of the agreement. The Commission considered the wage increases, improved working conditions, and other benefits provided in the agreement to be reasonable and in line with the principles of the Act. After a thorough review, the Commission approved the collective agreement, finding it to be compliant with all necessary legal standards.

The Fair Work Commission approved the proposed collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and C&C Construct Pty Ltd. The Commission's decision was based on its determination that the agreement met the statutory requirements of the Fair Work Act, including compliance with the Better Off Overall Test. The approved agreement will now govern the employment conditions of the employees covered by the collective bargaining arrangement, effective from the specified period of 2023 to 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established