Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1828

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 parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Seadar Contractors Pty Ltd. The dispute was about the approval of a minor civil construction union collective agreement between the two parties. The matter was heard in the Fair Work Commission. The key legal issue was whether the collective agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the public interest and whether it complied with the relevant industrial laws.

The Commission examined the terms of the collective agreement to determine if it met the statutory criteria. It focused on the agreement's provisions related to employee entitlements, working conditions, and dispute resolution mechanisms. The Commission also assessed whether the agreement promoted fair and efficient industrial relations. The CFMEU argued that the agreement was in the public interest as it provided fair terms and conditions for employees. Seadar Contractors Pty Ltd contended that certain provisions of the agreement were overly prescriptive and did not promote efficient industrial relations.

The Commission found that the agreement generally met the statutory criteria and was in the public interest. It concluded that the agreement provided fair terms and conditions for employees and promoted efficient industrial relations. The Commission approved the collective agreement, subject to certain modifications to address minor concerns about the enforceability of some provisions. These modifications ensured that the agreement complied with the Fair Work Act and other relevant laws.

The Commission's final orders included the approval of the collective agreement, subject to the modifications outlined in the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The Commission's decision provided clarity on the approval process for minor civil construction union collective agreements and set a precedent for future applications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established