Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1912)

HIGH LEVEL FORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 26 JUNE 2023

Application for approval of the High Level Form Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the High Level Form 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 3 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

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and High Level Form Pty Ltd, concerning the approval of their collective agreement for the period 2019 to 2023. The court's task was to review the agreement under the Fair Work Act 2009, ensuring it met the necessary legal standards and did not contravene any provisions of the Act. The key issues before the court were whether the agreement adhered to the requirements of section 233 of the Act, including whether it provided for genuine bargaining, and whether it contained any provisions that were unfair or contrary to public policy.

The court undertook a detailed analysis of the agreement, considering its provisions and the process by which it was negotiated. The union and the employer had engaged in extensive negotiations, resulting in a comprehensive agreement that addressed various aspects of employment conditions. The court examined the fairness of the agreement, looking at factors such as the nature of the bargaining process, the balance of power between the parties, and the content of the agreement itself. It was noted that the agreement included provisions for minimum wages, hours of work, and other employment conditions that were in line with industry standards.

Upon reviewing the collective agreement, the court found that it met the statutory requirements for approval. The agreement was the product of genuine negotiations between the parties, and its terms were fair and reasonable. The court confirmed that the agreement did not contravene any provisions of the Act and was not contrary to public policy. As a result, the court granted the application for approval of the High Level Form 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