Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2560)

D.A.M. STRUCTURAL STEEL PTY LTD T-AS D.A.M. CRANES AND RIGGING / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 AUGUST 2023

Application for approval of the D.A.M. Structural Steel Pty Ltd t-as D.A.M. Cranes and Rigging / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the D.A.M. Structural Steel Pty Ltd t-as D.A.M. Cranes and Rigging / 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.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 June 2023 and the Agreement was made on 21 July 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, D.A.M. Structural Steel Pty Ltd trading as D.A.M. Cranes and Rigging, applied for approval of the 2022-2025 Collective Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU opposed the application, raising concerns over certain clauses. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central issue was whether the proposed agreement complied with the provisions of the Act, specifically in relation to the fairness test. This required the Commission to examine if the agreement contained terms and conditions that were fair and reasonable in all aspects, including those concerning the terms of employment, remuneration, and dispute resolution mechanisms. The Commission had to ensure that the agreement did not unfairly disadvantage either party and that it provided for a balanced and equitable resolution of disputes.

After careful consideration of the arguments and the provisions of the Act, the Commission concluded that the agreement did indeed meet the fairness test. The Commission found that the terms were reasonable and did not unfairly disadvantage either party. The agreement provided for a fair and balanced approach to the resolution of disputes and contained provisions that were fair and reasonable in all respects. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the 2022-2025 Collective Agreement between D.A.M. Structural Steel Pty Ltd trading as D.A.M. Cranes and Rigging and the Construction, Forestry, Maritime, Mining and Energy Union. This decision signifies that the agreement is deemed fair and reasonable and meets the requirements set forth in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established