Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2994)

BBC PAINTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 8 SEPTEMBER 2023

Application for approval of the BBC Painting Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the BBC Painting 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 15 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 before the court involved an application for the approval of a collective agreement between BBC Painting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought under the Fair Work Act 2009. The union and the employer sought the court's endorsement of the collective agreement that outlined the terms and conditions of employment for the union's members within the company. The court was tasked with ensuring that the agreement met the legal requirements set forth in the Act and did not contravene any provisions that aim to protect the rights of employees and employers.

The legal issues before the court were whether the collective agreement complied with the statutory framework of the Fair Work Act, and if it appropriately balanced the rights and obligations of both the union and the employer. Specifically, the court had to verify if the agreement contained all the mandatory terms prescribed by the Act and if it adhered to the good faith bargaining principles. The court also had to ensure that the agreement did not unfairly disadvantage any party and was in line with the broader objectives of the Act, which include promoting cooperative workplace relations and economic prosperity.

In delivering its decision, the court meticulously reviewed the collective agreement clause by clause, confirming that it incorporated all the necessary components as required by the Fair Work Act. The court found that the agreement was the result of genuine negotiations between the parties, reflecting a fair and balanced outcome. The agreement was deemed to promote cooperative workplace relations and was consistent with the Act's objectives. Consequently, the court approved the collective agreement, finding it to be compliant with all statutory requirements and in the best interest of both the union members and the employer.

As a result of the court's approval, the collective agreement between BBC Painting Pty Ltd and the CFMEU became legally binding for the specified period. This decision ensures that the terms and conditions of employment are clearly defined and enforceable, providing a framework for fair and lawful workplace relations.

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