Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3072)

EVOLVE MASONRY 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 Evolve Masonry Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Evolve Masonry 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, 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, on behalf of its members, applied to the Fair Work Commission for approval of the Evolve Masonry Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The applicant union claimed that the proposed agreement was a genuine enterprise agreement for the purposes of the Fair Work Act 2009. The employer contested the application, asserting that the agreement did not meet the requirements of a genuine enterprise agreement.

The key legal issues before the Commission were whether the proposed agreement was genuinely an enterprise agreement, whether it was appropriately negotiated, and whether it contained the necessary provisions to be approved. The Commission had to examine the negotiation process, the content of the agreement, and whether the agreement satisfied the statutory criteria for approval.

The Fair Work Commission examined the negotiation process and found that the agreement was genuinely negotiated between the employer and the union. The Commission also assessed the content of the agreement and found that it contained all the necessary provisions required by the Fair Work Act. The Commission concluded that the proposed agreement was a genuine enterprise agreement and approved the agreement, subject to certain conditions. These conditions included the agreement being in writing, having a specified term, and meeting other statutory requirements.

The final orders of the Fair Work Commission approved the Evolve Masonry Pty Ltd and CFMEU Union Collective Agreement 2023–2027, subject to the conditions outlined in the decision. The employer and the union were required to provide written confirmation that they had received and understood the terms of the approved agreement. The agreement was to be registered with the Fair Work Commission, and any disputes arising from the agreement would be dealt with in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established