Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1200)

LIBRA AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 9 MAY 2023

Application for approval of the Libra Australia Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Libra Australia 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, 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 16 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Libra Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The application was brought by the CFMEU, seeking to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the procedural and substantive fairness of the agreement, including its coverage, the bargaining process, and the terms and conditions it proposed.

The Commission was tasked with determining whether the agreement met the criteria for registration under section 233 of the Act. This included assessing whether the agreement was made in good faith, whether it was appropriately certified as covering the relevant employees, and whether it contained provisions that were fair and reasonable in all the circumstances. Additionally, the Commission had to consider whether the agreement complied with the requirements for procedural fairness, including whether the employer provided adequate information and opportunity for employees to be heard during the bargaining process.

In its decision, the Commission found that the agreement was made in good faith and was certified in accordance with the statutory requirements. It was noted that the CFMEU had a genuine interest in representing the employees and had provided comprehensive information to the Commission to support its application. The Commission also found that the bargaining process was fair and that the employer had given the employees an adequate opportunity to participate. The terms and conditions of the agreement were considered fair and reasonable, taking into account the industry context and the parties' bargaining positions. As a result, the Commission approved the collective agreement for registration.

The final orders of the Commission included the registration of the Libra Australia Pty Ltd / CFMEU Collective Agreement 2019-2023, effective from the date of the decision. The agreement was to be published in the Register of Approved Agreements, and the Commission directed the employer to take all necessary steps to implement the agreement in accordance with its terms.

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