Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2768)

GROUP 4 COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 25 AUGUST 2023

Application for approval of the Group 4 Commercial Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Group 4 Commercial 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 1 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval for a proposed collective agreement with Group 4 Commercial Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary focus of the application was the terms and conditions outlined in the Group 4 Commercial Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

The legal issues that the Commission needed to address included whether the proposed agreement complied with the good faith bargaining requirement, the provisions of the Act, and whether the agreement was in the best interests of the employees. Furthermore, the Commission had to ensure that the agreement did not unfairly disadvantage any party and that it met the standards of procedural fairness.

In delivering its decision, the Commission found that the agreement met the criteria for approval. The Commission was satisfied that the bargaining process was conducted in good faith, and the terms of the agreement were fair and reasonable. The agreement was deemed to be in the best interests of the employees, and it did not unfairly disadvantage either party. Consequently, the Commission approved the Group 4 Commercial Pty Ltd and CFMEU Union Collective Agreement 2023–2027, which will now be binding on the parties involved.

The Commission's final order was the approval of the collective agreement, which will now govern the terms and conditions of employment for the employees covered by the agreement.

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