Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2990)

AUSTRALIAN POST TENSIONING PTY LTD T/AS AUSPT AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the Australian Post Tensioning Pty Ltd T/As AUSPT and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Australian Post Tensioning Pty Ltd T/As AUSPT 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 Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Australian Post Tensioning Pty Ltd trading as AUSPT for the period 2023-2027. The dispute centred on whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement met the criteria for approval, including whether it provided for the establishment of a modern award and whether it was likely to facilitate improved productivity and workplace relations.

The key legal issues before the Commission were whether the proposed agreement was consistent with the provisions of the Fair Work Act and whether it provided for the establishment of a modern award. The Commission also had to consider whether the agreement facilitated improved productivity and workplace relations. This involved examining the specific terms of the agreement to ensure they aligned with the objectives of the Act and did not unduly disadvantage any party. The Commission's analysis focused on whether the agreement contained provisions that promoted fair and efficient workplace relations while ensuring that the rights and obligations of employers and employees were appropriately balanced.

The Commission found that the proposed agreement was largely consistent with the Fair Work Act and effectively facilitated improved productivity and workplace relations. The agreement included provisions that aligned with the objectives of the Act, such as fair terms and conditions of employment, dispute resolution mechanisms, and provisions for employee representation. The Commission was satisfied that the agreement provided for the establishment of a modern award and that it did not unduly disadvantage any party. Consequently, the Commission approved the agreement, noting that it would contribute to better workplace relations and productivity within the industry.

The Fair Work Commission approved the proposed collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Australian Post Tensioning Pty Ltd trading as AUSPT for the period 2023-2027. The Commission's decision was based on the finding that the agreement met the criteria for approval under the Fair Work Act and that it provided for the establishment of a modern award. The approval of the agreement was seen as a step towards improved workplace relations and productivity within the industry.

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