Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1998

The attached document replaces the document previously issued with the above code on 30 June 2023.

Incorrect MNC and publication ID in the decision.

~~[2023] FWCA 1828 (PR763432)~~

Replaced with

[2023] FWCA 1998 (PR763838)

Member Assist
On behalf of Commissioner Simpson

3 July 2023

[2023] FWCA 1998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1863)

SEADAR CONTRACTORS PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021-2025

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2023

Application for approval of the Seadar Contractors Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement

An application has been made for approval of an enterprise agreement known as the Seadar Contractors Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement (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 7 July 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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 the Seadar Contractors Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement. The Seadar Contractors Pty Ltd sought approval for the agreement, while the CFMEU Minor Civil Construction Union opposed the application. The dispute was resolved by the Fair Work Commission, which is Australia's independent statutory body established under the Fair Work Act 2009, tasked with resolving workplace disputes and overseeing the implementation of workplace laws. The primary issue before the Commission was whether the collective agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained terms that were in the interests of the employees and the employer, and if it met the requirements for good faith bargaining and did not have the potential to undermine the health and safety of employees.

The Commission considered the provisions of the Fair Work Act and relevant precedents to assess whether the agreement was consistent with the objectives of the Act. The CFMEU Minor Civil Construction Union argued that certain provisions of the agreement did not adequately protect the interests of employees and could potentially compromise their health and safety. The Seadar Contractors Pty Ltd, on the other hand, argued that the agreement was fair and balanced, and that it provided adequate protections for the employees. After reviewing the submissions and evidence from both parties, the Commission determined that the agreement did not meet the criteria for approval under the Fair Work Act. The Commission found that certain provisions of the agreement could potentially undermine the health and safety of employees, and that the agreement did not adequately protect the interests of the employees in line with the objectives of the Act.

Consequently, the Commission dismissed the application for approval of the collective agreement. The Commission emphasised the importance of ensuring that workplace agreements are fair, balanced, and in the best interests of both employees and employers. The Commission also highlighted the need for collective agreements to adequately protect the health and safety of employees and to align with the broader objectives of the Fair Work Act. The decision underscores the importance of careful consideration and scrutiny of collective agreements to ensure that they meet the legal standards required for approval.

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