Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2949)

NORTH WEST COMMERCIAL INDUSTRIES (QLD) PTY LTD T/AS NWCI (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 7 SEPTEMBER 2023

Application for approval of the North West Commercial Industries (Qld) Pty Ltd T/As NWCI (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the North West Commercial Industries (Qld) Pty Ltd T/As NWCI (QLD) 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, Maritime, 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 14 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 by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a proposed collective agreement between itself and North West Commercial Industries (Qld) Pty Ltd, trading as NWCI (QLD) Pty Ltd. The dispute was heard by the Fair Work Commission, the industrial relations tribunal of Australia. The CFMEU sought to have the agreement, which contained terms and conditions of employment for its members working for NWCI, officially recognised and approved.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "modern award" or if it was a "greenfields agreement", which are the two types of agreements that can be approved under the Act. The CFMEU argued that the agreement was a modern award, which means it would replace the relevant modern award for the employees it covered. NWCI, on the other hand, contended that the agreement was a greenfields agreement, which would mean it would supplement the relevant modern award rather than replacing it.

After examining the contents of the agreement and the submissions from both parties, the Commission determined that the agreement was, in fact, a modern award. The Commission found that the agreement contained all the mandatory terms and conditions required by the Act and that it provided for the same or better terms and conditions than the relevant modern award. As a result, the Commission approved the agreement and ordered that it be registered. This decision means that the terms and conditions set out in the agreement will apply to the employees covered by it, replacing the relevant modern award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established