Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1627)

GREATER GROUP RESOURCES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 JUNE 2023

Application for approval of the Greater Group Resources Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) has made an application for approval of an enterprise agreement known as the Greater Group Resources Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 6 June 2023 and, in accordance with s 54, it will operate from 13 June 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Greater Group Resources Pty Ltd, with the Fair Work Commission adjudicating over the approval of their Enterprise Agreement 2020-2023. The dispute revolved around whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 to be formally approved. The application for approval was brought forward by the CFMEU, seeking endorsement of the terms negotiated with Greater Group Resources.

The central legal issues that the Commission needed to address involved whether the agreement satisfied the statutory criteria for approval, specifically if it was free from prohibited content, genuinely a product of bargaining between the parties, and provided for minimum entitlements as outlined in the Fair Work Act. Additionally, the Commission had to determine whether the agreement was made in good faith and met the procedural fairness requirements as stipulated by the legislation.

In deliberating on these issues, the Commission examined the evidence and submissions provided by both parties. It assessed the procedural integrity of the bargaining process and the content of the agreement to ensure it adhered to the legal standards. The Commission found that the agreement was the product of genuine bargaining, was free from prohibited content, and contained terms that met the minimum entitlements. It also concluded that the agreement was made in good faith and was procedurally fair, thereby satisfying all the statutory requirements for approval. Consequently, the Commission approved the Enterprise Agreement 2020-2023 between the CFMEU and Greater Group Resources.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established