Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2944)

NORTH AUSTRALIAN CONTRACTING 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 Australian Contracting Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the North Australian Contracting 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 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 before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the North Australian Contracting Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The dispute centred on the compliance of the collective agreement with the relevant provisions of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue the court needed to decide was whether the collective agreement in question met the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement contained any provisions that were inconsistent with the Act or that were otherwise unlawful. The court was also tasked with determining if the agreement was genuinely negotiated between the parties and if it complied with the procedural requirements set out in the Act.

The court meticulously reviewed the collective agreement to ensure it adhered to the legislative standards. The agreement was found to be consistent with the Fair Work Act, with no provisions that were inconsistent or unlawful. The court also found that the agreement was genuinely negotiated between the parties and met the procedural requirements for approval. Consequently, the court approved the collective agreement, recognising its compliance with the relevant statutory provisions.

The final orders of the court approved the North Australian Contracting Pty Ltd and CFMEU Union Collective Agreement 2023–2027, confirming its compliance with the Fair Work Act and its genuine negotiation. This decision ensures the agreement is legally binding between the parties and provides a framework for their future industrial relations.

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