Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2936)

TOP END STEEL FIXING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 6 SEPTEMBER 2023

Application for approval of the Top End Steel Fixing QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Top End Steel Fixing 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 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 13 August 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 parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Top End Steel Fixing QLD Pty Ltd. The nature of the dispute pertains to the application for approval of a collective agreement between the two parties for the period 2023-2027. The case was heard in the Fair Work Commission. The legal issues the court was required to decide involved whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it was in the best interests of the employees and complied with the requirements for registration under the Act. The court's reasoning and outcome involved a detailed examination of the proposed agreement, including the terms and conditions of employment, the process by which the agreement was negotiated, and the views of the relevant stakeholders. The court found that the agreement was in the best interests of the employees and complied with the relevant provisions of the Act, and therefore approved the agreement for registration. The final orders included the approval of the Top End Steel Fixing QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

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