Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3174)

ADFINIS 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 Adfinis Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Adfinis 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Adfinis Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The dispute centered around whether the agreement was fair and reasonable in all its terms. The case was heard by the Fair Work Commission, which is responsible for overseeing and regulating industrial relations in Australia.

The legal issues before the Commission involved assessing the fairness and reasonableness of the proposed collective agreement, considering factors such as its compliance with the Fair Work Act, the adequacy of the agreement's provisions for employee protection, and whether the agreement met the statutory requirements for approval. The Commission had to determine if the agreement provided appropriate safeguards and benefits for employees while balancing the interests of employers.

In reaching its decision, the Fair Work Commission thoroughly examined the agreement, taking into account various aspects such as wage rates, working conditions, dispute resolution mechanisms, and other relevant terms. The Commission concluded that the agreement was fair and reasonable, satisfying all statutory requirements for approval. The Commission found that the agreement provided adequate protections and benefits for employees and did not unduly favour either party.

The Fair Work Commission approved the Adfinis Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The Commission's decision was based on a comprehensive assessment of the agreement's terms and its compliance with the Fair Work Act, ensuring that it was fair and reasonable in all respects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established