Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1127)

BETABUILD FACADES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 1 MAY 2023

Application for approval of the Betabuild Facades Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Betabuild Facades 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 8 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 parties involved in this matter were Betabuild Facades Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was centred around the application for approval of a collective agreement between the two parties, covering the period from 2019 to 2023. The case was heard in the Fair Work Commission of Australia.

The legal issues before the court were primarily focused on the compliance of the proposed collective agreement with the relevant provisions of the Fair Work Act 2009. The court had to determine whether the agreement was made in good faith, was free from coercion, and did not unfairly discriminate against employees or employers. The court also had to ensure that the agreement complied with the applicable minimum standards set out in the National Employment Standards, modern awards, and any other relevant industrial instruments.

In its decision, the Fair Work Commission found that the collective agreement was made in good faith and was free from any form of coercion. The commission also determined that the agreement did not unfairly discriminate against either party and complied with all applicable minimum standards. The court approved the collective agreement, acknowledging that it represented a fair and reasonable outcome for both Betabuild Facades Pty Ltd and the CFMEU.

No further orders were made by the court, as the primary objective of approving the collective agreement had been achieved. The agreement is now in effect and will govern the employment relationship between Betabuild Facades Pty Ltd and the CFMEU for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established