Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2452)

PRIMETIME COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 2 AUGUST 2023

Application for approval of the Primetime Commercial Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Primetime Commercial Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 9 August 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement between the union and Primetime Commercial Pty Ltd for the period 2023-2027. The application was heard by the Fair Work Commission, which was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The central legal issue was whether the agreement met the conditions for approval under the Act, specifically focusing on whether it provided for a fair and reasonable way to resolve disputes between the parties.

The Commission considered whether the agreement contained provisions that were fair and reasonable in all its aspects. The Commission examined the agreement's dispute resolution provisions, which included a requirement for the parties to attempt to resolve disputes through negotiation before resorting to arbitration. The Commission found that the agreement's dispute resolution provisions were fair and reasonable, as they provided for a structured process that encouraged the parties to resolve disputes amicably before involving a third party. The Commission also considered whether the agreement provided for a fair and reasonable way to resolve disputes, taking into account the nature of the industry and the parties' bargaining power. The Commission found that the agreement's dispute resolution provisions were fair and reasonable, as they provided for a structured process that encouraged the parties to resolve disputes amicably before involving a third party.

Based on its findings, the Commission approved the agreement. The Commission found that the agreement met the conditions for approval under the Act, as it provided for a fair and reasonable way to resolve disputes between the parties. The Commission considered the agreement's provisions in their entirety and found that they were fair and reasonable in all their aspects. The Commission noted that the agreement provided for a structured process for resolving disputes, which was appropriate given the nature of the industry and the parties' bargaining power. The Commission also found that the agreement provided for a fair and reasonable way to resolve disputes, as it provided for a structured process that encouraged the parties to resolve disputes amicably before involving a third party.

The Commission approved the agreement, finding that it met the conditions for approval under the Act. The Commission considered the agreement's provisions in their entirety and found that they were fair and reasonable in all their aspects. The Commission noted that the agreement provided for a structured process for resolving disputes, which was appropriate given the nature of the industry and the parties' bargaining power. The Commission also found that the agreement provided for a fair and reasonable way to resolve disputes, as it provided for a structured process that encouraged the parties to resolve disputes amicably before involving a third party. The Commission approved the agreement, subject to certain conditions, including a requirement for the parties to provide the Commission with annual reports on the operation of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

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