Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3087)

SET TILING 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 Set Tiling Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Set Tiling 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 recent case of Construction, Forestry, Maritime, Mining and Energy Union, the parties involved were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Set Tiling Pty Ltd. The dispute pertained to the approval of the CFMEU Union Collective Agreement for the period 2023-2027. The matter was brought before the Fair Work Commission, which holds jurisdiction over matters related to workplace relations and employment agreements in Australia.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while Set Tiling Pty Ltd contended that certain provisions were overly burdensome and did not align with the principles of good faith bargaining and procedural fairness. The Commission had to determine if the agreement met the statutory requirements and if it was appropriate to approve the agreement in its current form.

In its decision, the Commission meticulously reviewed the contents of the collective agreement, taking into account the obligations imposed by the Fair Work Act. The Commission found that the agreement largely adhered to the legal requirements and was reflective of good faith bargaining. It was noted that the provisions related to wages, hours of work, and other employment conditions were consistent with industry standards and did not impose unreasonable constraints on the employer. The Commission ultimately concluded that the agreement was fair and reasonable, and therefore, it granted approval of the CFMEU Union Collective Agreement for the period 2023-2027.

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