Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2929)

THE TRUSTEE FOR SEYMOURS FAMILY TRUST T/AS SEYMOURS BUILDING & CONSTRUCTION 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 The Trustee for Seymours Family Trust T/As Seymours Building & Construction Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the The Trustee for Seymours Family Trust T/As Seymours Building & Construction 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement between itself and the Trustee for Seymours Family Trust, trading as Seymours Building & Construction Pty Ltd, for the period 2023 to 2027. The dispute arose from the terms of the proposed agreement, which the employer contested on the basis of non-compliance with certain statutory provisions and potential detriment to the business.

The key legal issues before the Commission were whether the collective agreement adhered to the requirements set out in the Fair Work Act 2009 and whether it unfairly disadvantaged the employer. Specific points of contention included the provisions relating to employee entitlements, working conditions, and dispute resolution mechanisms.

The Commission examined the specific clauses of the agreement in detail, assessing them against statutory criteria and the principles of good faith bargaining. It found that while some aspects of the agreement did indeed conflict with legislative requirements, these could be rectified through minor amendments. The Commission also considered the broader impact of the agreement on the employer's business operations and concluded that, with the proposed modifications, the agreement would not place an undue burden on the employer. Consequently, the Commission approved the agreement, subject to the agreed changes being incorporated.

The final orders required the parties to implement the amended agreement, reflecting the changes identified by the Commission. Both parties were directed to notify the Commission of the finalised text within a specified timeframe, ensuring compliance with the statutory framework and fair work principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established