Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3056)

ANORA FOUNDATIONS 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 Anora Foundations Pty Ltd And CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Anora Foundations 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 involved an application for the approval of a collective agreement between Anora Foundations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2023–2027. The matter was heard by the Fair Work Commission, an Australian workplace relations tribunal.

The central legal issue was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement covered all necessary terms and conditions of employment, if it adhered to the provisions of the Act, and if it was fair and reasonable in all aspects.

The Commission examined the proposed agreement in detail, considering the balance of rights and obligations between the parties. The agreement was found to be comprehensive and compliant with the relevant statutory requirements. The Commission took into account the negotiations between the parties, the industry context, and the fairness of the terms proposed. Ultimately, the Commission approved the collective agreement, recognising it as meeting the necessary criteria under the Fair Work Act.

The Commission issued its decision approving the collective agreement, which is now in effect for the specified period. The approval confirms the agreement as a legally binding contract between the parties, governing the employment conditions for the duration of the agreement.

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