Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3024)

A.F. SARRI PTY LTD T/AS SARRI PAINTERS AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building services
COMMISSIONER SIMPSON	BRISBANE, 12 SEPTEMBER 2023

Application for approval of the A.F. Sarri Pty Ltd T/As Sarri Painters and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the A.F. Sarri Pty Ltd T/As Sarri Painters 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 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

In the recent matter of Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of the A.F. Sarri Pty Ltd T/As Sarri Painters and CFMEU Union Collective Agreement 2023–2027. The dispute arose from the application by Sarri Painters and the CFMEU to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The Federal Circuit and Family Court was tasked with reviewing the agreement to determine if it met the necessary criteria for approval.

The primary legal issues before the court involved assessing whether the agreement complied with the requirements of the Fair Work Act, particularly sections 234 and 235. These sections necessitate that a proposed agreement be fair and equitable, and the court had to ensure that the agreement did not unfairly disadvantage any party. Furthermore, the court needed to verify that the agreement had been made without coercion and that it had been appropriately negotiated. The court also examined whether the agreement contained appropriate provisions for the protection of employees' rights and interests.

The court found that the agreement met the statutory criteria and was fair and equitable. The negotiation process was deemed to have been conducted appropriately, and there was no evidence of coercion. The agreement included adequate protections for employees and was considered to be in the best interests of the parties involved. The court approved the agreement and directed that it be registered under the Fair Work Act. This decision ensures that the terms and conditions of the agreement are legally binding and enforceable.

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