Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3023)

THE TRUSTEE FOR VEALE FAMILY VOCATIONAL TRUST T/AS VEALSTRUCT PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 12 SEPTEMBER 2023

Application for approval of The Trustee for Veale Family Vocational Trust Trading As Vealstruct Pty Ltd and CFMMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Trustee for Veale Family Vocational Trust Trading As Vealstruct Pty Ltd and CFMMEU 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 19 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 applicant, The Trustee for Veale Family Vocational Trust trading as Vealstruct Pty Ltd, sought approval for a union collective agreement between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The application was made under section 234 of the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The CFMMEU opposed the application, arguing that the agreement did not meet the criteria for approval under the Act.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements for approval. Specifically, the Commission needed to determine whether the agreement provided for a fair and efficient workplace, and whether it met the criteria set out in section 234 of the Act. The Commission also needed to consider whether the agreement was consistent with the objectives of the Act, including promoting high levels of employment and industrial peace.

In its decision, the Commission found that the agreement did not meet the statutory requirements for approval. The Commission noted that the agreement contained a number of provisions that were inconsistent with the objectives of the Act, including provisions that limited the ability of the applicant to engage non-union labour. The Commission also found that the agreement did not provide for a fair and efficient workplace, as it imposed significant restrictions on the applicant's ability to manage its business. As a result, the Commission refused to approve the agreement.

The Commission's decision provides useful guidance for employers and unions seeking to negotiate collective agreements that meet the statutory requirements for approval. Employers and unions should ensure that any agreement they negotiate provides for a fair and efficient workplace, and is consistent with the objectives of the Act. The decision also highlights the importance of considering the broader objectives of the Act when negotiating collective agreements, and the need to balance the interests of all parties involved.

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