Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2467)

HACER GROUP NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 AUGUST 2023

Application for approval of the Hacer Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Hacer Group NSW 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 9 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 Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for approval of the Hacer Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2023. The Hacer Group, a construction company, opposed the application, asserting that the agreement contravened the Fair Work Act 2009 by incorporating provisions that were not directly related to the employees' terms and conditions of employment. The central legal issue before the Commission was whether the collective agreement contained provisions that went beyond the permissible scope of a registered agreement under the Fair Work Act.

The Fair Work Commission considered the scope of what constitutes a lawful term in a registered agreement. It noted that the agreement should primarily focus on the terms and conditions of employment but may also include other matters that have a direct connection to employment. The Commission held that the provisions in question were directly related to the employees' terms and conditions of employment, as they were necessary for the effective operation and management of the workplace. Consequently, the Commission determined that the provisions did not exceed the scope of a registered agreement and approved the collective agreement.

In approving the Hacer Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2023, the Commission emphasised that the provisions in dispute were integral to the efficient and lawful operation of the workplace. The decision underscores the importance of maintaining a balance between the need for comprehensive workplace agreements and the statutory limits on the content of such agreements. The Hacer Group's application for approval of the collective agreement was thus successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established