Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2002)

UNI-SPAN AUSTRALIA PTY LTD EMPLOYEES & CONSTRUCTION FORESTRY MARITIME MINING & ENERGY UNION SNOWY HYDRO 2.0 PROJECT COLLECTIVE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 29 JUNE 2023

Application for approval of the Uni-span Australia Pty Ltd Employees & Construction Forestry Maritime Mining & Energy Union Snowy Hydro 2.0 Project Collective Agreement

An application has been made for approval of an enterprise agreement known as the Uni-span Australia Pty Ltd Employees & Construction Forestry Maritime Mining & Energy Union Snowy Hydro 2.0 Project 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 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 6 July 2023. The nominal expiry date of the Agreement is 1 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) seeking approval for the Uni-span Australia Pty Ltd Employees & Construction Forestry Maritime Mining & Energy Union Snowy Hydro 2.0 Project Collective Agreement. The matter was heard in the Fair Work Commission (FWC), which is Australia's independent national workplace relations tribunal. The primary focus of the application was to secure formal endorsement of the collective agreement reached between the CFMEU and Uni-span Australia Pty Ltd for the Snowy Hydro 2.0 Project, ensuring that the terms and conditions of employment are legally binding and enforceable.

The key legal issues before the FWC were whether the collective agreement met the statutory requirements set out in the Fair Work Act 2009, and whether it appropriately balanced the interests of both the employees and the employer. The FWC had to scrutinise various aspects of the agreement, including its conformity with minimum workplace standards, procedural fairness in its negotiation, and whether it complied with specific provisions concerning multi-employer agreements and project-based employment. Additionally, the FWC examined if the agreement was negotiated in good faith and if it contained all necessary provisions to avoid ambiguity.

The FWC determined that the collective agreement was comprehensive and adequately addressed the employment terms and conditions for the project. The Commission noted that the agreement included provisions for wages, hours of work, leave entitlements, and other standard employment terms, all of which were consistent with the Fair Work Act. Furthermore, the FWC found that the agreement had been negotiated in good faith and that it met the necessary legal requirements for approval. The Commission concluded that the agreement provided a fair and balanced framework for the employees and the employer, and thus approved the application for the endorsement of the collective agreement.

The FWC's final order was the approval of the Uni-span Australia Pty Ltd Employees & Construction Forestry Maritime Mining & Energy Union Snowy Hydro 2.0 Project Collective Agreement. The decision was made on the basis that the agreement was fair, balanced, and met all statutory requirements. The endorsement ensures that the terms of the agreement are legally binding, providing a clear framework for the employment conditions during the Snowy Hydro 2.0 Project.

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