Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/465)

BKH CONTRACTORS QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 10 MARCH 2023

Application for approval of the BKH Contractors QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of a greenfields agreement known as the BKH Contractors QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 17 March 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union for approval of the BKH Contractors QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The dispute arose from the union's assertion that the collective agreement it had negotiated with the employer should be recognised as a valid and legally enforceable document. The employer contested the union's application, arguing that the agreement contained provisions that were contrary to public policy and not in the best interests of the employees.

The central legal issues the court had to resolve were whether the provisions of the collective agreement were consistent with the Fair Work Act 2009 and whether they adhered to the principles of good faith bargaining and public policy. The court had to examine the specific clauses of the agreement in question, including those that related to the terms and conditions of employment, dispute resolution mechanisms, and the employer's obligations. The court also had to consider whether the agreement was negotiated in good faith and whether it was in the best interests of the employees.

The court found that the provisions of the agreement were consistent with the Fair Work Act and adhered to the principles of good faith bargaining and public policy. The court held that the union had acted in good faith in negotiating the agreement and that the terms and conditions it contained were not contrary to public policy. The court further found that the agreement was in the best interests of the employees and approved the application for approval of the collective agreement. The employer's objections were dismissed, and the agreement was approved as a valid and legally enforceable document. The court's decision ensures that the employees will have the protections and benefits provided for in the collective agreement, and that the employer will be bound by the terms and conditions of the agreement.

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