Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3057)

CARPARKS NOW PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Industries not otherwise assigned
COMMISSIONER SIMPSON	BRISBANE, 14 SEPTEMBER 2023

Application for approval of the Carparks Now Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Carparks Now Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 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 case involved an application by Carparks Now Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of their collective agreement for the years 2023 to 2027. The application was heard by the Fair Work Commission, which has jurisdiction to approve, reject or seek further information on collective agreements under the Fair Work Act 2009. The central issue before the Commission was whether the terms and conditions of the proposed agreement complied with the requirements of the Fair Work Act, particularly in relation to the principle of proportionality.

The Commission examined the agreement to ensure that it did not provide for terms and conditions that were less favourable than the minimum standards set out in modern awards or the National Employment Standards. The Commission also considered whether the agreement provided for any terms and conditions that were more favourable than those required by the Fair Work Act, which could result in a breach of the proportionality principle. The Commission took into account the need to balance the interests of the employer and the employees, and to promote harmonious, productive and cooperative workplace relations. Ultimately, the Commission found that the agreement met the requirements of the Act and approved the proposed collective agreement.

The Fair Work Commission approved the collective agreement between Carparks Now Pty Ltd and the CFMEU for the period from 2023 to 2027. The Commission found that the agreement provided for terms and conditions that were consistent with the requirements of the Fair Work Act and did not breach the proportionality principle. The Commission also noted that the agreement included provisions for dispute resolution and protected the rights of employees, including those relating to casual employment and shift work. The approval of the agreement ensures that the parties will have a clear and agreed framework for their employment relationship, which can promote stability and productivity in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established