Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1619)

CORVEX NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2O19-2O23

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2023

Application for approval of the Corvex NSW Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Corvex NSW 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 15 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

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Corvex NSW Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement in question was a collective agreement that governed the employment conditions of Corvex's employees. The applicant, Corvex, sought the Commission's approval of the agreement as it sought to ensure the agreement complied with relevant industrial legislation. The Fair Work Commission, as the relevant industrial tribunal, was tasked with determining whether the agreement met the requirements for approval.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and genuine agreement. Specifically, the Commission needed to consider whether the agreement was made in good faith and whether it represented a genuine agreement between the parties. The Commission also had to examine whether the agreement contained terms and conditions that were consistent with the provisions of the Act.

The Commission, in its decision, thoroughly examined the evidence and submissions presented by both parties. It found that the agreement was made in good faith and represented a genuine agreement between the parties. The Commission was satisfied that the agreement contained terms and conditions that were consistent with the relevant provisions of the Act. As such, the Commission approved the collective agreement. The Commission noted the importance of ensuring that agreements between employers and employees were made in good faith and represented a genuine agreement, as this was essential for maintaining industrial peace and harmony.

The Fair Work Commission approved the Corvex NSW Pty Ltd / CFMEU Collective Agreement 2019-2023. This decision provided clarity and certainty for both parties and ensured that the agreement met the requirements of the Fair Work Act 2009. The approval of the agreement also demonstrated the importance of good faith bargaining and genuine agreement in the industrial relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established