Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/186)

Nissrine Pty Ltd T/As SS Irrigation and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 13 FEBRUARY 2023

Application for approval of the Nissrine Pty Ltd T/As SS Irrigation and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the Nissrine Pty Ltd T/As SS Irrigation 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 20 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 Construction, Forestry, Maritime, Mining and Energy Union lodged an application with the Fair Work Commission for approval of a collective agreement with Nissrine Pty Ltd trading as SS Irrigation. The agreement was to cover the period from 2020 to 2022. The application was made under the Fair Work Act 2009, which requires the Commission to approve a collective agreement if it is satisfied that the agreement has been made in good faith and is fair and reasonable, taking into account a range of factors including the nature of the work, the size of the enterprise, and the bargaining power of the parties.

The legal issues before the Commission were whether the agreement was made in good faith and was fair and reasonable. The employer argued that the agreement was not fair and reasonable because it contained provisions that were overly prescriptive and imposed significant costs on the business. The union argued that the agreement was fair and reasonable because it provided for appropriate protections for employees and reflected the bargaining power of the parties.

The Commission found that the agreement was made in good faith and was fair and reasonable. The Commission noted that the employer had engaged in good faith bargaining with the union and that the agreement reflected the parties' relative bargaining power. The Commission also found that the provisions of the agreement were not overly prescriptive and did not impose significant costs on the business. The Commission approved the agreement and it will now be registered with the Fair Work Commission.

The Commission made an order approving the collective agreement and registering it with the Fair Work Commission. The order is effective from the date of the decision and will remain in force until the end of the agreement period in 2022.

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