Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2711)

GPAC QLD PTY LTD T/AS FINELINE COMMERCIAL AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 AUGUST 2023

Application for approval of the GPAC QLD Pty Ltd T/As Fine Line Commercial and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the GPAC QLD Pty Ltd T/As Fine Line Commercial 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 29 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 matter before the Australian Industrial Relations Commission involved an application for the approval of a collective agreement between GPAC QLD Pty Ltd trading as Fine Line Commercial and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2023-2027. The applicant sought the court's approval of the agreement under the Fair Work Act 2009, aiming to ensure its compliance with the relevant industrial relations laws and to secure its enforcement as a legally binding instrument. The CFMEU, representing the employees, argued for the agreement's approval, while GPAC QLD Pty Ltd, the employer, supported the application.

The central legal issue for the court was to determine whether the collective agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to assess if the agreement was genuinely negotiated, provided for a fair and reasonable process for dispute resolution, and contained terms that were not contrary to public policy. Additionally, the court had to examine if the agreement adequately balanced the rights and obligations of both parties and if it complied with the provisions of the Act concerning fair work agreements.

The court meticulously reviewed the collective agreement, taking into account the submissions from both parties and the statutory requirements set out in the Fair Work Act. It found that the agreement had been genuinely negotiated between the employer and the union, and that it included provisions for a fair and reasonable process for resolving disputes. The court also determined that the terms of the agreement were not contrary to public policy and that they provided a fair balance of rights and obligations for both the employer and the employees. Consequently, the court approved the collective agreement, recognising it as a valid and enforceable instrument that would govern the employment relationship between the parties for the specified period.

The final orders of the court approved the collective agreement, allowing it to take effect as a binding agreement between GPAC QLD Pty Ltd and the CFMEU. The court's approval ensured that the agreement could be enforced under the Fair Work Act, providing a clear framework for the terms and conditions of employment during the period 2023-2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established