Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2940)

DR FITTERS PTY LTD T/AS DR FITTERS AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building services
COMMISSIONER SIMPSON	BRISBANE, 6 SEPTEMBER 2023

Application for approval of the DR FITTERS PTY LTD T/As DR Fitters and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the DR FITTERS PTY LTD T/As DR Fitters and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement entered into with DR Fitters Pty Ltd. The Union and the employer had reached a collective agreement, and applied jointly to the Commission for its approval. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement complied with the relevant legislative provisions, including the requirement that it be in writing, and that it provided for a fair and reasonable method of determining wages and other conditions of employment.

The legal issues before the Commission included whether the agreement contained all the mandatory terms required by the Fair Work Act and whether it was in compliance with the Act's provisions. The Commission also needed to determine whether the agreement was fair and reasonable and whether it provided for an appropriate method of determining wages and other conditions of employment. The Commission considered the submissions made by the parties and the evidence presented to it.

The Commission found that the agreement met all the requirements for approval under the Fair Work Act. It was in writing and contained all the mandatory terms required by the Act. The Commission also found that the agreement was fair and reasonable and provided for an appropriate method of determining wages and other conditions of employment. The Commission approved the agreement, and it will now apply to the employees covered by it. The Commission noted that the agreement provided for a number of improvements to the employees' conditions, including increased wages and better access to training and development opportunities.

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