Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1957)

HAYDES CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2023

Application for approval of the Haydes Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Haydes Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act).

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 2.1 of the Form F20 provides that the Agreement was made on 13 June 2023.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve the Haydes Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023. The primary dispute centred on whether the agreement, which was reached between the union and the employer, complied with the relevant legislative framework, specifically the Fair Work Act 2009. The decision was handed down by the Fair Work Commission, the tribunal responsible for overseeing workplace relations and collective bargaining in Australia.

The legal issues before the Commission involved assessing the agreement against the statutory requirements for approval. These included whether the agreement contained all the necessary elements as prescribed by the Fair Work Act, such as provisions for minimum wages and conditions, dispute resolution mechanisms, and other mandatory terms. The Commission also needed to consider whether the agreement was genuinely negotiated between the parties and whether it adhered to the principles of good faith bargaining. Furthermore, the Commission examined if the agreement was in the best interests of the employees and if it promoted fair and equitable workplace practices.

In delivering the decision, the Commission meticulously reviewed the contents of the collective agreement, ensuring it met all the legislative criteria for approval. The Commission found that the agreement was comprehensive, addressing all the mandatory terms required by the Act. Additionally, the evidence presented demonstrated that the agreement was the product of genuine negotiations between the parties and was in the best interests of the employees. The Commission concluded that the agreement complied with all legal requirements and was beneficial to the workforce, thus approving the Haydes Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023.

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