DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4110)

A.W. EDWARDS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2021

Application for approval of the A.W. Edwards Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the A.W. Edwards Pty Ltd / CFMEU Collective Agreement 2019-2023 (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.

[2] 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.

[3] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the A.W. Edwards Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union's collective agreement, spanning from 2019 to 2023. The application was lodged before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval. The dispute centred on the terms and conditions of employment, as well as the processes and outcomes of the agreement negotiation, and the extent to which the agreement complied with the Fair Work Act 2009.

The court was required to decide whether the collective agreement adhered to the statutory requirements outlined in the Fair Work Act. This involved assessing if the agreement was made in good faith, if it was fairly negotiated, and if it included appropriate mechanisms for resolving disputes. Another critical issue was whether the agreement was likely to promote harmonious, productive, and equitable workplace relations. The court also needed to consider if the agreement adequately protected the rights and interests of the employees and the employer, ensuring it did not undermine the broader objectives of the Fair Work Act.

The Fair Work Commission carefully reviewed the contents and negotiation process of the agreement, considering the evidence and submissions from both parties. It found that the agreement was made in good faith and that the negotiation process was fair and comprehensive. The Commission concluded that the agreement was likely to promote harmonious, productive, and equitable workplace relations and that it appropriately balanced the interests of the employees and the employer. It also found that the agreement did not undermine the broader objectives of the Fair Work Act. Based on these findings, the Commission approved the collective agreement.

The final orders of the Commission were that the A.W. Edwards Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union's collective agreement for the period 2019 to 2023 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would have legal effect as a registered agreement under the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established