Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3061)

KEYBUILD SERVICES 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 Keybuild Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Keybuild Services 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 matter involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union and Keybuild Services Pty Ltd concerning the approval of a collective agreement. The Fair Work Commission was the court that heard the case. The union sought approval for a collective agreement that was negotiated between the union and the employer, which was to govern the employment terms and conditions of the employees of Keybuild Services Pty Ltd for the period from 2023 to 2027.

The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in the public interest, was free from any improper conduct, and whether it complied with the provisions of the Act. The union argued that the agreement was beneficial to the employees, while Keybuild Services Pty Ltd contested that certain provisions were not in line with the statutory requirements.

The Commission found that the agreement was in the public interest and did not involve any improper conduct. The Commission considered the evidence presented by both parties and concluded that the agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the Act. The Commission approved the collective agreement, subject to certain conditions, which included a requirement for the employer to provide a notice of changes to the agreement to the union and its members.

The Commission's decision was based on a careful consideration of the evidence and the relevant statutory provisions. The Commission found that the agreement was fair and reasonable, and that it was consistent with the principles of the Act. The Commission also noted that the agreement provided for a process for resolving any disputes that may arise during the term of the agreement. The Commission's decision was based on a thorough analysis of the evidence and the law, and it provided a clear framework for the implementation of the agreement. The final orders of the Commission included the approval of the collective agreement, subject to certain conditions, and a requirement for the employer to provide notice of any changes to the agreement to the union and its members.

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