Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1975)

THE TRUSTEE FOR ALLEBI TRADING TRUST T-AS SKYHIGH FIXERS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the The Trustee for Allebi Trading Trust t-as Skyhigh Fixers Pty Ltd/ CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the The Trustee for Allebi Trading Trust t-as Skyhigh Fixers Pty Ltd/ CFMEU Collective Agreement 2019-2023 (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 6 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 the Federal Court of Australia, the matter of the Construction, Forestry, Maritime, Mining and Energy Union was heard in relation to an application for approval of a collective agreement. The applicant, the trustee for Allebi Trading Trust trading as Skyhigh Fixers Pty Ltd, sought approval for the CFMEU Collective Agreement 2019-2023, which was entered into with the union. The dispute centred on the application's compliance with the relevant legislative requirements under the Fair Work Act 2009.

The court was required to determine whether the application satisfied the criteria for approval as stipulated in the Act. Specifically, the court had to consider whether the agreement met the statutory requirement of being in the best interests of the employees and whether it was consistent with the principles of the Fair Work Act. The court also examined whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the procedural requirements for lodgement and approval.

The court, in its decision, found that the application did not meet the statutory requirements for approval. The reasoning was based on procedural deficiencies in the application, which did not align with the requirements set out in the Fair Work Act. The court held that the applicant had not provided sufficient evidence to demonstrate that the agreement was in the best interests of the employees or that it complied with the principles and provisions of the Act. Consequently, the application for approval was dismissed.

The final orders of the court were that the application for approval of the CFMEU Collective Agreement 2019-2023 by the trustee for Allebi Trading Trust trading as Skyhigh Fixers Pty Ltd be dismissed, with no order as to costs. The dismissal was based on the procedural shortcomings in the application and the failure to meet the statutory criteria 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