Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1652)

G N CONSTRUCTION (AUST) PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2023 – 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 15 JUNE 2023

Application for approval of the G N Construction (Aust) Pty Ltd and CFMEU (WA) EnterpriseAgreement 2023 – 2024

An application has been made for approval of an enterprise agreement known as the G N Construction (Aust) Pty Ltd and CFMEU (WA) Enterprise Agreement 2023 – 2024 (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 (‘CFMMEU’) (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

The CFMMEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. 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 applicants in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and G N Construction (Aust) Pty Ltd, who sought approval for their Enterprise Agreement 2023 – 2024 under the Fair Work Act 2009. The nature of the dispute was centred on the terms of the proposed agreement and whether they met the statutory requirements for approval. The court in question was the Fair Work Commission.

The primary legal issue before the court was whether the terms of the Enterprise Agreement complied with the relevant provisions of the Fair Work Act. Specifically, the court needed to determine whether the agreement contained all the prescribed minimum entitlements, did not adversely affect employees' rights, and was made in good faith. The court also needed to consider whether the agreement was appropriately certified as a single interest employer agreement.

The Fair Work Commission approached the decision by first examining the content of the agreement to ensure it included all prescribed minimum entitlements. It reviewed whether any terms unfavourably compared to the applicable award or registered agreement and whether the agreement was certified as a single interest employer agreement. The Commission noted the evidence provided by both parties and considered the broader implications for the industry and workforce. Ultimately, the Commission found that the agreement met all statutory requirements and was appropriately certified. Consequently, the Commission approved the Enterprise Agreement 2023 – 2024.

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