Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3062)

WADSWORTH CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 SEPTEMBER 2023

Application for approval of the Wadsworth Contracting Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Wadsworth Contracting 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 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 before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Wadsworth Contracting Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The primary dispute centred on the terms and conditions outlined in the proposed collective agreement between the union and the contracting company. The Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the collective agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement, whether the agreement was consistent with the objects of the Fair Work Act, and whether the union had followed the necessary processes in bargaining the agreement. Additionally, the Commission had to consider if the agreement provided adequate protection for employees, particularly in terms of their rights and protections under the Act.

The Commission found that the collective agreement met the statutory requirements and was fair and reasonable for the employees. The agreement was deemed to be consistent with the objects of the Fair Work Act, and the union had appropriately followed the necessary bargaining processes. The Commission also noted that the agreement provided adequate protections for the employees, including provisions for minimum wages, leave entitlements, and other employment conditions. Consequently, the Commission approved the Wadsworth Contracting Pty Ltd and CFMEU Union Collective Agreement 2023–2027, allowing it to come into effect as per the terms outlined.

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