Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1324)

ENVIRO-ACOUSTICS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the Enviro-Acoustics Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Enviro-Acoustics 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 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between the CFMEU and Enviro-Acoustics Pty Ltd. The CFMEU, representing employees in the environmental acoustics industry, sought to formalise terms and conditions for workers employed by Enviro-Acoustics Pty Ltd. The nature of the dispute was the need for formalising and approving the collective agreement, which outlined various employment terms and conditions.

The legal issues before the court centred around whether the collective agreement was made in good faith, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it contained terms that were fair and reasonable. The court had to examine the process by which the agreement was formed, the content of the agreement, and whether the terms were equitable for both parties involved. Additionally, the court needed to ensure that the agreement did not contravene any existing industrial instruments or laws.

The Fair Work Commission, in its reasoning, found that the agreement was made in good faith and complied with the necessary statutory requirements. The court noted that the CFMEU and Enviro-Acoustics Pty Ltd had engaged in meaningful and genuine negotiations, leading to the formulation of the agreement. Furthermore, the Commission determined that the terms and conditions within the agreement were fair and reasonable, providing adequate protections and benefits for the employees. The Commission concluded that the collective agreement was consistent with the principles of the Fair Work Act and did not conflict with any existing industrial instruments.

As a result, the Fair Work Commission approved the Enviro-Acoustics Pty Ltd / CFMEU Collective Agreement 2019-2023. The approval meant that the agreement was officially recognised and enforceable under the Fair Work Act. This decision provided certainty and stability for the employees covered by the agreement and set the terms and conditions for their employment with Enviro-Acoustics Pty Ltd for the specified period.

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