Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1023)

AUREATEBUILD PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 APRIL 2023

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

An application has been made for approval of an enterprise agreement known as the Aureatebuild 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 1 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement with Aureatebuild Pty Ltd. The agreement was to cover the period from 2019 to 2023 and aimed to establish terms and conditions of employment for workers in the building and construction industry. The dispute centred around whether the proposed agreement complied with the relevant legislative framework and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided a safety net for employees. This involved assessing whether the agreement covered all essential facilities and included minimum wages and conditions as mandated by the Act. Additionally, the Commission needed to determine if the agreement was made in good faith and if it appropriately balanced the interests of both parties.

The Commission found that the agreement substantially complied with the statutory requirements and provided a safety net for employees. The agreement included provisions for minimum wages, hours of work, and other essential facilities as mandated by the Fair Work Act. The Commission also concluded that the agreement was made in good faith and appropriately balanced the interests of both the union and the employer. Consequently, the Commission approved the agreement, considering it to be in the best interests of the employees.

The Fair Work Commission approved the Aureatebuild Pty Ltd / CFMEU Collective Agreement 2019-2023, subject to any modifications required to ensure compliance with the Fair Work Act. This decision provided certainty and stability in the workplace, ensuring that the terms and conditions of employment were fair and reasonable for both the union and the employer.

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