Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/384)

City Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023

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

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

An application has been made for approval of a greenfields agreement known as the City 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, 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, 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 before the court involved the Construction, Forestry, Maritime, Mining and Energy Union and City Concrete Pty Ltd. The union sought approval of a proposed collective agreement for the years 2019 to 2023. The application was brought before the Fair Work Commission, which is the relevant industrial relations tribunal in Australia. The primary dispute centred around the terms and conditions outlined in the proposed agreement, which the union argued were fair and reasonable, while the employer contested certain provisions as being overly burdensome or economically unviable.

The legal issues that the commission had to address included whether the agreement complied with the statutory requirements under the Fair Work Act 2009, specifically concerning the avoidance of industrial action and the promotion of harmonious workplace relations. The commission also needed to consider the balance between the interests of employees and employers, ensuring that the agreement did not unduly favour one party over the other. Additionally, the commission examined whether the provisions of the agreement were consistent with relevant national workplace laws and standards.

In delivering its decision, the commission first assessed the procedural validity of the application, confirming that all necessary steps had been followed. The commission then examined the substantive provisions of the agreement, taking into account submissions from both parties and relevant industry benchmarks. The commission found that while some provisions required minor amendments to align more closely with economic realities, the overall agreement was fair and reasonable. The commission emphasised the importance of maintaining good faith negotiations and the need to foster a cooperative workplace environment. After making the necessary adjustments, the commission approved the agreement, highlighting the importance of its terms in promoting fair and productive industrial relations.

The final orders of the commission included the approval of the collective agreement with specified amendments to certain clauses. The commission mandated that both parties adhere to the terms of the agreement and provided a mechanism for resolving any future disputes that might arise from its implementation. The decision underscored the commission's role in ensuring that industrial agreements are fair, reasonable, and conducive to maintaining harmonious workplace relations.

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