Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/372)

Brobrik NSW Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 1 March 2023

Application for approval of the Brobrik NSW Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Brobrik NSW 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 8 March 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Construction, Forestry, Maritime, Mining and Energy Union brought an application in the Fair Work Commission for the approval of a collective agreement between Brobrik NSW Pty Ltd and the union. The agreement, dated 2019-2023, sought to govern the terms and conditions of employment for the workers in the relevant industries. The parties engaged in negotiations and reached an agreement on various matters, including wages, working hours, and other employment conditions. The union sought the Commission's approval of the agreement to ensure its compliance with the relevant industrial relations laws and to provide certainty and stability for the parties involved.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission needed to determine if the agreement met the requirements for an enterprise agreement, including whether it was in writing, covered a specified group of employees, and addressed particular matters. The Commission also needed to assess whether the agreement provided for the proper treatment of employees, including reasonable wages, reasonable working hours, and other terms and conditions of employment. Additionally, the Commission had to consider whether the agreement was free from any prohibited content, such as provisions that were contrary to public policy or that discriminated against employees on the basis of their sex, race, or other protected attributes.

After considering the evidence and arguments presented by the parties, the Commission found that the agreement was in compliance with the relevant industrial relations laws. The Commission was satisfied that the agreement was in writing, covered a specified group of employees, and addressed particular matters as required by the Fair Work Act. The Commission also found that the agreement provided for the proper treatment of employees, including reasonable wages, working hours, and other terms and conditions of employment. The Commission was satisfied that the agreement did not contain any prohibited content and was therefore free from any invalid provisions. Accordingly, the Commission approved the agreement, and it will now be in force from the date of the Commission's decision.

The Fair Work Commission approved the Brobrik NSW Pty Ltd / CFMEU Collective Agreement 2019-2023, and it will now be in force from the date of the Commission's decision. The agreement will govern the terms and conditions of employment for the workers in the relevant industries and provide certainty and stability for the parties involved. The Commission's decision provides a useful guide for employers and unions when negotiating and drafting collective agreements, ensuring that they comply with the relevant industrial relations laws and provide for the proper treatment of employees.

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