Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1502)

DYNAMIC HYDRO EXCAVATIONS PTY LTD AND CFMEU UNION

COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 5 JUNE 2023

Application for approval of the Dynamic Hydro Excavations Pty Ltd and CFMEU Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Dynamic Hydro Excavations Pty Ltd and CFMEU Union Collective Agreement 2022 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for approval of a collective agreement with Dynamic Hydro Excavations Pty Ltd. The Federal Court of Australia was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the collective agreement was fair and reasonable, considering the principles of enterprise bargaining and the protection of employees' rights. The court needed to assess whether the agreement complied with statutory requirements and balanced the interests of both the employer and employees.

The court examined whether the collective agreement adhered to the provisions of the Fair Work Act, particularly sections concerning good faith bargaining, the protection of employees' rights, and the avoidance of detriment. It also assessed the process by which the agreement was negotiated and whether it allowed for genuine and meaningful bargaining. Furthermore, the court considered the impact of the agreement on the employees, ensuring that it did not cause undue detriment and that it was fair and reasonable in all its terms.

In its decision, the court found that the collective agreement met the statutory criteria for approval. The court was satisfied that the agreement was the product of good faith bargaining and did not cause undue detriment to the employees. It was also found to be fair and reasonable, taking into account the interests of both the employer and the employees. The court noted that the agreement provided for appropriate protections and benefits for the employees, and it complied with the requirements of the Fair Work Act.

The court approved the collective agreement, finding it to be fair and reasonable, and compliant with the statutory requirements. The decision was made in favour of the CFMEU, allowing the agreement to proceed as negotiated between the union and the employer. This approval ensures that the terms of the agreement can be implemented, providing a framework for the employment relationship between Dynamic Hydro Excavations Pty Ltd and its 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