Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2987)

INTASIGN GROUP 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 Intasign Group Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Intasign Group 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with Intasign Group Pty Ltd for the period 2023 to 2027. The matter was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The applicant union argued that the agreement was necessary for its members to achieve a fair share of the benefits of productivity advancements and was consistent with the principles of enterprise bargaining. The employer, on the other hand, raised concerns about certain clauses in the agreement, particularly those relating to job security and redundancy provisions.

The Commission considered the arguments of both parties and examined the proposed agreement in detail. It found that the agreement, while containing some provisions that were more favourable to the union than might typically be seen in enterprise agreements, did not contravene the principles of good faith bargaining or any other provisions of the Fair Work Act. The Commission noted that the agreement contained provisions that ensured job security and fair redundancy provisions, which were reasonable in the circumstances. The Commission was satisfied that the agreement represented a genuine attempt by both parties to reach an agreement that would provide a fair outcome for all employees.

Accordingly, the Fair Work Commission approved the Intasign Group Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The Commission's decision was based on its finding that the agreement complied with the requirements of the Fair Work Act and represented a fair outcome for both the union and the employer. The approval of the agreement ensures that the terms and conditions of employment for the union's members are protected for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established