Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/626)

INTERGRATED PEOPLE RESOURCES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 27 MARCH 2023

Application for approval of the Intergrated People Resources Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the Intergrated People Resources Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between the Integrated People Resources Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2022. The application was brought before the Fair Work Commission, an Australian federal workplace relations tribunal. The CFMEU sought approval for the agreement, which outlined the terms and conditions of employment for workers within the specified period.

The legal issues before the Commission included whether the agreement complied with the relevant statutory provisions and whether it met the requirements for approval under the Fair Work Act 2009. Key considerations involved the fairness and reasonableness of the terms, the process by which the agreement was negotiated, and whether it provided adequate protections for the workers involved.

The Commission found that the agreement was fair and reasonable, and had been negotiated in good faith. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, which were consistent with industry standards and provided adequate protections for workers. The Commission also considered the process by which the agreement was negotiated, and found that it met the requirements of the Fair Work Act. As such, the Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

The Commission's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions, and that it had been negotiated in good faith. The modifications made to the agreement were minor, and did not significantly alter the overall terms and conditions set out in the agreement. The approval of the agreement provides certainty for both employers and employees, and ensures that the terms and conditions of employment are fair and reasonable.

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