Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1067)

ULTIMATE PRECAST INSTALLATIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 26 APRIL 2023

Application for approval of the Ultimate Precast Installations Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Ultimate Precast Installations 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 3 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, the Fair Work Commission (FWC) was tasked with determining whether to approve the collective agreement between Ultimate Precast Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose as Ultimate Precast sought approval for the terms of their collective agreement, which outlined various conditions of employment for the employees involved. The application was heard by the FWC, which had to consider whether the agreement was in compliance with the relevant industrial laws and if it was fair and reasonable.

The central legal issue before the Commission was whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to assess whether the agreement contained terms that were fair and reasonable, taking into account the relevant matters set out in section 234 of the Act. This included considering if the agreement addressed the employees' rights and entitlements and whether it was made in good faith. The Commission also had to ensure that the agreement did not contravene any relevant minimum standards prescribed by the Fair Work Regulations.

The FWC carefully reviewed the contents of the proposed agreement, weighing the arguments presented by both parties. The Commission found that the collective agreement contained terms that were fair and reasonable, taking into account the interests of both the employer and the employees. The FWC concluded that the agreement did not contravene any relevant minimum standards and was made in good faith. Therefore, the FWC approved the collective agreement, acknowledging its compliance with the necessary legal standards and its fairness to all parties involved.

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