Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1098)

APPLICATION FOR APPROVAL OF THE SPECTRAN CONTRACTING PTY LTD & CFMEU ENTERPRISE AGREEMENT 2023-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 APRIL 2023

Application for approval of the Spectran Contracting Pty Ltd & CFMEU Enterprise Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the SPECTRAN CONTRACTING PTY LTD & CFMEU ENTERPRISE AGREEMENT 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2023. The nominal expiry date of the Agreement is 30 June 2025.

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 the Spectran Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union Enterprise Agreement 2023-2025. The dispute centred on whether the proposed enterprise agreement, which outlined the terms and conditions of employment between the employer and the union, met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the provisions of the Fair Work Act, and whether the union had genuinely negotiated the agreement with the employer. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees and whether it complied with any applicable modern awards.

The Commission found that the proposed enterprise agreement met all the necessary requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, complied with the Fair Work Act, and was genuinely negotiated between the union and the employer. The Commission also found that the agreement was in the best interests of the employees and complied with applicable modern awards. As a result, the Commission approved the Spectran Contracting Pty Ltd and CFMEU Enterprise Agreement 2023-2025. The agreement will now be binding on all employees of Spectran Contracting Pty Ltd who are members of the Construction, Forestry, Maritime, Mining and Energy Union.

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