Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1367)

HINDMARSH CONSTRUCTION AUSTRALIA PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 23 MAY 2023

Application for approval of the Hindmarsh Construction Australia Pty Ltd and CFMEU ACT Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hindmarsh Construction Australia Pty Ltd and CFMEU ACT Enterprise 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 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 30 May 2023. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for approval of the Hindmarsh Construction Australia Pty Ltd and CFMEU ACT Enterprise Agreement 2022. The agreement was a response to negotiations between the union and the company, aiming to establish terms and conditions of employment for workers in the specified industries. The company, Hindmarsh Construction Australia Pty Ltd, was a party to the agreement, and the CFMEU represented the employees.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval and if it complied with the provisions of the Fair Work Act 2009. This included assessing if the agreement contained all the mandated minimum terms and conditions, and if it adhered to the process outlined in the Act for the negotiation and approval of enterprise agreements. The Commission also considered whether the agreement was genuinely negotiated and if it promoted simplicity, certainty, and flexibility in the workplace.

The Commission examined the evidence provided by both parties and concluded that the agreement was properly negotiated and contained all the required minimum terms and conditions. It was found to be fair and reasonable, promoting simplicity, certainty, and flexibility in the workplace. Consequently, the Commission approved the agreement under section 173 of the Fair Work Act 2009. The decision was based on the evidence presented, which demonstrated that the agreement was in compliance with the statutory requirements for approval.

The final orders included the approval of the Hindmarsh Construction Australia Pty Ltd and CFMEU ACT Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would govern the terms and conditions of employment for the workers covered by the agreement until it expired or was replaced by a new agreement.

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