Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2396)

ZENITH WORKFORCE AUST PTY LTD T-AS ZENCON GROUP AUST / CFMEU COLLECTIVE AGREEMENT 2019-2023

Cement and concrete products
COMMISSIONER JOHNS	MELBOURNE, 27 JULY 2023

Application for approval of the Zenith Workforce Aust Pty Ltd t-as Zencon Group Aust / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Zenith Workforce Aust Pty Ltd t-as Zencon Group Aust / 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 3 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 case before the court involved an application by the Zenith Workforce Aust Pty Ltd trading as Zencon Group Aust for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Zenith Workforce Aust Pty Ltd is a construction company, and the CFMEU is a trade union representing workers in various industries. The dispute centred on the terms of the collective agreement for the period 2019-2023, which the parties sought to have formally approved by the court.

The central legal issues revolved around whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. The court had to determine if the agreement met the requirements for a protected action ballot and whether the agreement contained terms that were not in the best interests of the employees. Additionally, the court examined if the agreement was made in good faith and if the union had properly represented its members in the bargaining process.

In delivering the judgment, the court found that the agreement largely complied with the statutory requirements. The court noted that the agreement was the result of genuine and good faith negotiations between the parties. It was satisfied that the union had properly represented its members and that the agreement contained terms that were in their best interests. The court also determined that the agreement met the requirements for a protected action ballot and that there were no provisions that were contrary to public policy or industrial peace. Consequently, the court approved the CFMEU Collective Agreement 2019-2023, and the application was successful.

The final orders of the court included the approval of the collective agreement as presented, with no amendments. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with all the terms and conditions outlined in the approved agreement. The court's decision provided certainty and legal backing for the agreement, allowing both the employer and the union to proceed with the implementation of the terms as negotiated.

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