Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1989)

THE TRUSTEE FOR HICKORY HR UNIT TRUST T-AS HICKORY HR 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 Hickory HR Unit Trust t-as Hickory HR Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the The Trustee for Hickory HR Unit Trust t-as Hickory HR 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting as the trustee for the Hickory HR Unit Trust, made an application for approval of the CFMEU Collective Agreement 2019-2023. The agreement in question pertains to the terms and conditions of employment for workers within the specified industries. The parties involved in this case are the union, acting as the trustee, and various employers within the industries mentioned. The central dispute revolves around whether the proposed collective agreement should be approved by the Commission and, if so, whether it should be registered and made binding on all parties involved.

The key legal issues before the court were whether the collective agreement complied with the Fair Work Act 2009 and whether it met the necessary criteria for approval and registration. The Commission had to assess the agreement's provisions, ensuring that they were not contrary to the public interest or the principles of the Act. Additionally, the court needed to determine whether the agreement provided for fair and reasonable terms and conditions of employment, as well as whether it adhered to the relevant provisions of the Act and the National Employment Standards.

The Fair Work Commission, in its decision, found that the proposed CFMEU Collective Agreement 2019-2023 was in compliance with the Fair Work Act 2009 and met the necessary criteria for approval and registration. The Commission highlighted that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any provisions that were contrary to the public interest or the principles of the Act. The court also noted that the agreement had been negotiated in good faith between the union and the employer representatives and that it would benefit the employees within the specified industries. Consequently, the Fair Work Commission approved the agreement and ordered its registration and enforcement as a binding instrument on all parties involved.

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