Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1323)

AUSTRALIAN PILING GROUP NSW PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2021-2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 MAY 2023

Application for approval of the Australian Piling Group NSW Pty. Limited / CFMEU Collective Agreement 2021-2024

An application has been made for approval of a greenfields agreement known as the Australian Piling Group NSW Pty. Limited / CFMEU Collective Agreement 2021-2024 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with the Australian Piling Group NSW Pty. Limited for the period 2021 to 2024. The application was heard in the Fair Work Commission. The central legal issues revolved around whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the court needed to determine if the agreement was free from prohibited content, appropriately certified, and if it provided for the proper terms and conditions of employment.

The Fair Work Commission found that the collective agreement was free from prohibited content and was appropriately certified. The agreement provided for a range of terms and conditions that were fair and reasonable, covering areas such as wages, working hours, and other employment conditions. The Commission was satisfied that the agreement did not contain any provisions that would be detrimental to the employees and was, in fact, in their best interests. The CFMEU demonstrated that the agreement had been negotiated in good faith and that it represented the needs and interests of the workforce adequately.

In light of the above, the Fair Work Commission approved the collective agreement. The Commission determined that the agreement met all necessary legal requirements and was fair and reasonable for the employees. The CFMEU and Australian Piling Group NSW Pty. Limited could now proceed with the agreement, which would govern the employment terms for the specified period. The decision provided certainty and clarity for both parties, ensuring that the agreement would be upheld and implemented effectively.

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