Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2484)

QUALITY RIGGING STRUCTURAL ERECTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 3 AUGUST 2023

Application for approval of the Quality Rigging Structural Erectors Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Quality Rigging Structural Erectors 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union. and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 10 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

The matter before the Fair Work Commission was an application for approval of the Quality Rigging Structural Erectors Pty Ltd / CFMEU Collective Agreement 2019-2023. The dispute involved the company and the Construction, Forestry, Maritime, Mining and Energy Union. The core issue was whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues that the Commission had to address included whether the agreement met the requirements for coverage, notice, consultation, good faith bargaining, and whether it contained any prohibited content. The Commission considered the arguments presented by both parties, including evidence of the bargaining process and the terms of the agreement itself. The company argued that the agreement was the result of genuine and meaningful negotiations, while the union supported the application, asserting that it had been reached through good faith bargaining.

In its decision, the Commission found that the agreement had been negotiated in good faith and contained terms that were not prohibited under the Act. The Commission was satisfied that the company had provided adequate notice and had consulted with the union as required. The terms of the agreement were deemed to be reasonable and consistent with the objectives of the Act. Consequently, the Commission approved the application and certified the collective agreement as meeting the necessary statutory requirements.

The final orders of the Commission included the certification of the Quality Rigging Structural Erectors Pty Ltd / CFMEU Collective Agreement 2019-2023, effective from the date of the decision. This certification meant that the agreement would govern the employment conditions of the relevant workers for the specified period, subject to any further orders or variations that may be made in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established