Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2030)

DARA PILING CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2021-2024

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

Application for approval of the Dara Piling Contractors Pty Ltd / CFMEU Collective Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Dara Piling Contractors Pty Ltd / CFMEU Collective Agreement 2021-2024 (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 10 July 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Dara Piling Contractors Pty Ltd were before the Fair Work Commission, seeking approval of their proposed collective agreement for the period 2021-2024. The dispute centred around the specifics of the agreement's terms and conditions, specifically those related to employment practices, wages, and working conditions. The CFMEU, representing the employees, and Dara Piling Contractors, the employer, had negotiated a series of terms which required the Commission's approval to ensure compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the public interest and complied with the necessary legislative requirements.

The central legal issues before the Commission were whether the terms of the agreement met the statutory criteria for approval under the Fair Work Act, particularly sections concerning the protection of employees' rights and interests. Additionally, the Commission needed to assess whether the agreement provided an appropriate balance between the rights of the employer and the protections afforded to employees. The Commission also considered the extent to which the agreement adhered to the principles of good faith bargaining and the need to avoid industrial action.

After thorough consideration of the submissions and evidence presented by both parties, the Commission determined that the agreement substantially met the statutory requirements for approval. The Commission found that the agreement appropriately balanced the interests of both the employer and the employees, and that it did not undermine the fundamental rights of employees or the public interest. The Commission was satisfied that the agreement was the product of good faith bargaining and that it provided a fair and reasonable framework for employment within the industry. The terms of the agreement were found to be reasonable and consistent with the objectives of the Fair Work Act.

The Fair Work Commission approved the Dara Piling Contractors Pty Ltd / CFMEU Collective Agreement 2021-2024, recognising it as a valid and enforceable agreement. The Commission's decision was based on the comprehensive compliance of the agreement with the statutory requirements and the evidence of good faith bargaining between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established