Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/203)

Craig's Engineering Pty Ltd and CFMEU Union Collective Agreement 2020-2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 FEBRUARY 2023

Application for approval of the Craig's Engineering Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Craig’s Engineering Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Craig's Engineering Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The application was heard by the Fair Work Commission (FWC), which has the authority to approve such agreements under the Fair Work Act 2009. The dispute centred around the specific terms and conditions outlined in the proposed collective agreement, which the parties had negotiated between themselves.

The legal issues the court was required to decide included whether the proposed agreement met the requirements for approval under the Fair Work Act, including whether it complied with the provisions regarding enterprise agreements, and whether it met the "better off overall test" (BOOT). The court also had to determine if the agreement was made in good faith and whether it provided for the appropriate processes to resolve any disputes that might arise during its term.

The court found that the proposed agreement did meet the statutory requirements for approval. It concluded that the agreement was in compliance with the Fair Work Act, including meeting the BOOT. The court also determined that the agreement was made in good faith and included adequate dispute resolution processes. Given these findings, the court approved the Craig's Engineering Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

The final orders of the court were that the proposed agreement be approved as a registered agreement under the Fair Work Act. This approval was contingent on the agreement being registered with the Fair Work Commission within the specified timeframes and on the parties adhering to the terms and conditions outlined in 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