Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1078)

BMACX PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 27 APRIL 2023

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

An application has been made for approval of an enterprise agreement known as the Bmacx 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 4 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 recent decision of the Australian Building and Construction Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with Bmacx Pty Ltd. The agreement spanned the period from 2019 to 2023 and was presented for endorsement under the Fair Work Act 2009. The Union argued that the terms of the agreement were fair and reasonable and met the requirements of the Act. Bmacx Pty Ltd, while not directly opposing the agreement, remained neutral in the proceedings.

The primary legal issue before the Commission was whether the collective agreement was compliant with the statutory requirements and whether it met the threshold of being fair and reasonable. This involved examining the agreement's provisions, including wages, conditions of employment, and any other terms and conditions specified within it. The Commission also had to consider the nature of the bargaining process and whether it was conducted fairly and in good faith.

The Commission conducted a detailed review of the collective agreement, taking into account the statutory criteria outlined in the Fair Work Act. It examined whether the agreement provided for fair and reasonable terms and conditions, including remuneration and other employment conditions. The Commission concluded that the agreement was fair and reasonable, taking into account the context of the bargaining process and the parties' positions. The Commission was satisfied that the agreement was made in good faith and met the necessary statutory requirements.

As a result, the Commission approved the Bmacx Pty Ltd / CFMEU Collective Agreement 2019-2023. The approval ensures that the terms and conditions outlined in the agreement are legally binding on the parties and will govern their employment relationship for the specified period. The decision underscores the importance of ensuring that collective agreements are fair and reasonable and meet the statutory criteria set out in the Fair Work Act.

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