Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1965)

REO-TEK QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 4 JULY 2023

Application for approval of the Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a single-enterprise agreement.

The notification time for the Agreement precedes 6 June 2023. Accordingly, the legislative changes to the Act in relation to the genuine agreement provisions which commenced on 6 June 2023 do not apply to this approval application.[1] However, the Agreement was made on 16 June 2023. Accordingly, the amendments to the better off overall test have commenced and so apply to this approval application.[2]

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. I have had regard to each of the matters in s 193A(2)-(6), and I observe no views were expressed for the purposes of s 193A(6A).

The CFMMEU, 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 11 July 2023. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

~~Printed by authority of the Commonwealth Government Printer~~

<~~AE520621~~ ~~PR763893>~~

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) commenced operation with respect to the genuine agreement provisions and the better off overall test provisions of the Act on 6 June 2023. However, in relation to the genuine agreement provisions, Division 11 of Part 26 of the Amending Act provides that Part 2-4 of the Act continues to apply, as if the amendments had not been made, in relation to any proposed enterprise agreement for which the notification time occurs before 6 June 2023.

[2] Division 12 of Part 26 of the Amending Act provides that the amendments to the better off overall test apply in relation to enterprise agreements made on and after 6 June 2023

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Reo-Tek QLD Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the years 2023 to 2027. The Commission was tasked with determining whether the proposed agreement met the legal requirements and whether it was fair and reasonable, taking into account the statutory obligations under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the Act and was fair and reasonable. This involved assessing the terms and conditions of employment as stipulated in the agreement, ensuring they did not contravene any statutory provisions, and evaluating whether the agreement was fair and reasonable for the employees it covered. The Commission also had to consider any relevant precedents and the principles of good faith bargaining.

The Fair Work Commission found that the collective agreement met all the necessary statutory requirements. The agreement included provisions that aligned with the Fair Work Act and provided fair and reasonable terms for the employees. The Commission noted the efforts of both parties in reaching the agreement through good faith negotiations and concluded that the agreement was in the best interest of the employees. Consequently, the Commission approved the collective agreement, confirming its compliance and fairness.

No specific orders were issued beyond the approval of the agreement, as the primary objective of the application was to seek the Commission's approval. The approval of the agreement by the Fair Work Commission signifies that the terms and conditions as outlined in the Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027 are legally binding and enforceable.

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