Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1776)

ALL ACCURATE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2O19-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 16 JUNE 2023

Application for approval of the All Accurate Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the All Accurate 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, 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(1) of the Act, will operate from 23 June 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 this matter, the Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for approval of a collective agreement with All Accurate Pty Ltd. The union sought approval for a period of three years, from 2019 to 2023. The application was contested by the employer, who raised concerns about certain provisions within the agreement. The Fair Work Commission was tasked with assessing the agreement to determine if it should be approved.

The primary legal issue before the Commission was whether the collective agreement complied with the relevant legislative provisions, specifically the Fair Work Act. The Commission had to consider whether the agreement contained provisions that were contrary to the public interest or were otherwise unfair. The employer argued that certain provisions were overly prescriptive and imposed unreasonable obligations on the employer. The union, on the other hand, maintained that the provisions were necessary to protect the rights and interests of the employees.

The Commission considered the arguments of both parties and examined the provisions of the agreement in detail. It found that while some of the provisions raised legitimate concerns, they were not so objectionable as to warrant refusal of approval. The Commission determined that the agreement, as a whole, did not contain any provisions that were contrary to the public interest or were unfair. Consequently, the Commission approved the collective agreement for the specified period. The employer's concerns were addressed through specific modifications to the agreement, ensuring that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the All Accurate Pty Ltd / CFMEU Collective Agreement 2019-2023, subject to the modifications made to address the employer's concerns. The agreement was deemed to be in compliance with the Fair Work Act and was therefore approved for the three-year period from 2019 to 2023. The modifications ensured that the agreement was fair and did not impose unreasonable obligations on the employer, while still protecting the rights and interests of the employees.

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