Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1777)

SQM GROUP AUSTRALIA PTY LTD/CFEMU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2023

Application for approval of the SQM Group Australia Pty Ltd/ CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the SQM Group Australia 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 26 June 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the SQM Group Australia Pty Ltd/CFMEU Collective Agreement 2019-2023. The agreement was the result of negotiations between the CFMEU and SQM Group Australia Pty Ltd. The agreement aimed to establish the terms and conditions of employment for workers within the specified industry.

The primary legal issue before the court was whether the agreement was consistent with the principles outlined in the Fair Work Act 2009. This involved ensuring that the agreement complied with the provisions of the act and did not include any terms that were against public policy or contrary to the spirit of the act. The court also needed to consider whether the agreement was fairly negotiated and whether it provided for a fair and reasonable outcome for all parties involved.

In delivering its decision, the court found that the agreement met all the necessary criteria for approval. The court examined the negotiation process, the terms of the agreement, and the overall fairness of the agreement. It determined that the agreement was consistent with the principles of the act and did not contain any terms that were against public policy or contrary to the spirit of the act. The court also found that the agreement was fairly negotiated and provided for a fair and reasonable outcome for all parties involved.

The court approved the SQM Group Australia Pty Ltd/CFMEU Collective Agreement 2019-2023, subject to certain modifications to ensure compliance with the act. The modifications included changes to the agreement to address specific concerns raised by the court. The court noted that the modifications were minor and did not significantly alter the overall terms and conditions of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established