Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2947)

APPLICATION FOR APPROVAL OF THE TRUSTEE FOR THE APPLIKOTE UNIT TRUST T/AS APPLIKOTE (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 Trustee for the Applikote Unit Trust T/As Applikote (Qld) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the TRUSTEE FOR THE APPLIKOTE UNIT TRUST T/AS APPLIKOTE (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 case involves an application for the approval of a collective agreement between The Trustee for the Applikote Unit Trust trading as Applikote (Qld) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant, Applikote, sought approval from the Fair Work Commission (FWC) for the proposed collective agreement, which was to govern the employment terms and conditions for its employees. The CFMEU, as the representative of the employees, also participated in the proceedings. The primary issue before the court was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the statutory requirements for approval, and whether it was in the best interests of the employees it was intended to cover.

The FWC considered the arguments presented by both Applikote and the CFMEU, focusing on the substantive provisions of the agreement, particularly those relating to wages, working conditions, and dispute resolution mechanisms. The court examined the fairness and reasonableness of the terms and conditions proposed in the agreement, ensuring that they did not unjustifiably disadvantage the employees. Additionally, the FWC assessed whether the agreement was consistent with the principles of the Fair Work Act, which aim to promote productive and harmonious workplace relations. The court found that the proposed agreement contained provisions that were fair and reasonable, and that it met all statutory requirements for approval. The FWC also concluded that the agreement was in the best interests of the employees it was intended to cover.

In granting approval, the FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The court was satisfied that the agreement was not likely to have an adverse effect on the employees' job security or working conditions, and that it promoted productive and harmonious workplace relations. The FWC determined that the benefits of the agreement to the employees outweighed any potential detriments, and that the agreement was consistent with the principles of the Fair Work Act. The final order of the FWC was that the proposed collective agreement between Applikote and the CFMEU be approved, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established