Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2699)

ELT CONSTRUCTIONS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2019-2023

[AE521167]

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 AUGUST 2023

Application for approval of the ELT Constructions Pty Ltd/ CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the ELT Constructions Pty Ltd/ CFMEU Collective Agreement 2019-2023 (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 31 December 2023.

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 (CFMEU) applied for approval of the ELT Constructions Pty Ltd/CFMEU Collective Agreement 2019-2023. The applicant sought to have the agreement registered as a modern award under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers engaged by ELT Constructions Pty Ltd, a small to medium-sized construction business. The applicant argued that the agreement fairly reflected the needs of the industry and the employees, while the respondent raised concerns about certain provisions impacting operational flexibility and competitiveness.

The court was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act. Key issues included whether the agreement provided for minimum rates of pay, conditions, and entitlements that were not less favourable than those provided by the relevant modern award, and whether it complied with the good faith bargaining requirements. The court also had to assess whether the agreement contained provisions that were not in the best interests of employees or were contrary to public policy.

The Commission found that the agreement satisfied the legislative requirements for approval. The court determined that the agreement provided for fair and reasonable terms and conditions of employment, meeting the minimum standards set out in the relevant modern award. The Commission was satisfied that the parties had engaged in good faith bargaining and that the agreement did not contain any provisions that were contrary to public policy or detrimental to the best interests of employees. The court emphasised the importance of balancing the needs of employers and employees in the construction industry, and concluded that the agreement achieved this balance effectively.

The Fair Work Commission approved the ELT Constructions Pty Ltd/CFMEU Collective Agreement 2019-2023, registering it as a modern award under the Fair Work Act. The decision affirmed the importance of collective bargaining in achieving fair and reasonable outcomes for both employers and employees in the industry.

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