Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2620)

MEGA-LIFT SOLUTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2022-2025

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

Application for approval of the Mega-Lift Solutions Pty. Limited / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Mega-Lift Solutions Pty. Limited / CFMEU Collective Agreement 2022-2025 (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 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Mega-Lift Solutions Pty. Limited regarding the approval of a collective agreement for the period 2022-2025. The CFMEU sought approval of the agreement, which was contested by Mega-Lift Solutions. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The legal issues before the court centred on whether the terms of the collective agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This included whether the agreement provided for fair and reasonable terms and conditions, and whether it met the requirements for approval by the Commission. The court also had to consider whether the agreement was in the best interests of the employees covered by it.

In delivering its decision, the Commission found that the collective agreement complied with the legislative requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that the parties had negotiated the agreement in good faith. The Commission also found that the agreement met the requirements for approval by the Commission, including that it was not likely to have an adverse effect on the Australian economy or industrial relations generally. The Commission approved the collective agreement, which will now be binding on the parties for the period 2022-2025.

The Fair Work Commission approved the Mega-Lift Solutions Pty. Limited / CFMEU Collective Agreement 2022-2025, finding that it complied with the Fair Work Act and was in the best interests of the employees. The Commission's decision provides certainty for the parties and the employees covered by the agreement, and ensures that the agreement will be binding for the specified period.

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