Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/494)

Kingston Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 14 MARCH 2023

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

An application has been made for approval of a greenfields agreement known as the Kingston Concrete 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, 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(1) of the Act, will operate from 21 March 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

The Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members in the concrete industry, sought approval of a collective agreement with Kingston Concrete Pty Ltd. The application was heard in the Fair Work Commission. The union argued that the agreement met all the necessary legal requirements and provided fair terms for its members. The employer, Kingston Concrete, did not oppose the application but raised concerns about certain provisions, which the union sought to address in the proceedings.

The Commission needed to determine whether the collective agreement complied with the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was made in good faith, whether it contained only matters that could be the subject of a registered agreement, and whether it was consistent with the objects of the Act, including promoting high levels of employment, economic efficiency, and social inclusion. The Commission also needed to ensure that the agreement had been negotiated fairly and in good faith and that the process leading to the agreement was free from any undue influence or coercion.

The Commission found that the collective agreement was made in good faith and contained only matters that could be the subject of a registered agreement. The Commission determined that the agreement was consistent with the objects of the Fair Work Act, promoting high levels of employment, economic efficiency, and social inclusion. The Commission also found that the agreement had been negotiated fairly and in good faith and that the process leading to the agreement was free from any undue influence or coercion. The Commission approved the collective agreement, noting that it provided fair terms for both the union members and the employer.

The Commission approved the Kingston Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023, effective from 1 July 2019. The agreement now serves as a legally binding contract between the union and the employer, governing the terms and conditions of employment for the union members within Kingston Concrete Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established