Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/380)

M2 Sustainable Services Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 3 MARCH 2023

Application for approval of the M2 Sustainable Services Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the M2 Sustainable Services 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 10 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 matter involved an application by M2 Sustainable Services Pty Ltd for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2023. The application was made to the Fair Work Commission, which is Australia's workplace relations tribunal. The dispute centered around the terms of the proposed agreement, which the applicant sought to have recognised and enforced as a lawful agreement.

The primary legal issue for the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained permissible terms and conditions, if the agreement was free from prohibited content, and if the agreement was made in good faith and without coercion. The Commission also had to consider whether the agreement complied with the principles of enterprise bargaining as outlined in the Act.

In its decision, the Commission found that the agreement largely met the requirements for approval. The Commission noted that while there were some minor procedural issues, these did not significantly impact the overall validity of the agreement. The terms and conditions were deemed to be within the bounds of what is permissible under the Act, and the Commission found no evidence of prohibited content or coercion. The Commission concluded that the agreement was made in good faith and was consistent with the principles of enterprise bargaining. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the M2 Sustainable Services Pty Ltd / CFMEU Collective Agreement 2019-2023, subject to certain minor conditions to address the procedural issues identified during the review. This decision confirmed the validity of the agreement and its enforceability under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established