Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2777)

HQPROJEX 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 Hqprojex Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Hqprojex 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 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.

[4] 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 matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union, seeking approval for the Hqprojex Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The union sought the court's approval to ensure the agreement's compliance with the relevant legislative framework. The court was tasked with examining the agreement to determine if it met the statutory criteria for approval.

The primary legal issue before the court was whether the collective agreement complied with the requirements of the Fair Work Act 2009. This involved assessing if the agreement included all necessary provisions, such as those related to minimum wages, conditions, and dispute resolution mechanisms. The court also needed to determine if the agreement was fairly and appropriately negotiated and if it adhered to any relevant industrial instruments or awards.

In delivering its judgment, the court meticulously reviewed the agreement clause by clause, comparing it against the statutory and regulatory standards. The court found that the agreement contained all necessary provisions and was appropriately negotiated. It met the requirements of the Fair Work Act and adhered to relevant industrial instruments. Consequently, the court approved the Hqprojex Pty Ltd and CFMEU Union Collective Agreement 2023-2027, affirming its compliance with the necessary legal standards.

The court's final order was the approval of the collective agreement, confirming its compliance with the Fair Work Act 2009 and relevant industrial standards. This approval ensures that the agreement will govern the employment conditions between Hqprojex Pty Ltd and the CFMEU for the period 2023-2027, subject to the terms and conditions set out within 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