Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1083)

FORTWORX PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 APRIL 2023

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

An application has been made for approval of a greenfields agreement known as the Fortworx Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 4 May 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Fortworx Pty Ltd / CFMEU Collective Agreement 2019-2023, the Fair Work Commission was tasked with reviewing the agreement to ensure it complied with the Fair Work Act 2009. Fortworx Pty Ltd, an employer in the construction industry, sought to have the proposed agreement with the CFMEU approved, while the union aimed to ensure that the agreement adequately represented the interests of its members.

The primary legal issues the Commission needed to address were whether the collective agreement met the statutory requirements under the Fair Work Act, particularly in terms of its compliance with the good faith bargaining provisions, and whether it contained any terms that could be considered contrary to public policy or unjust. The Commission also needed to consider if the agreement provided for appropriate mechanisms for resolving disputes and whether it included all necessary terms and conditions of employment.

The Fair Work Commission determined that the collective agreement was largely compliant with the requirements of the Act. It found that the agreement had been reached through good faith bargaining and did not contain any terms that were contrary to public policy or unjust. The Commission noted that the agreement included provisions for dispute resolution and adequately covered the terms and conditions of employment for the employees covered by the agreement. Consequently, the Commission approved the Fortworx Pty Ltd / CFMEU Collective Agreement 2019-2023.

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