Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/183)

Admin Form Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2023

Application for approval of the Admin Form Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Admin Form Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 20 February 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the Admin Form Pty Ltd / CFMEU Collective Agreement 2019-2023 from the Fair Work Commission (FWC). The applicant was the union, and the respondent was Admin Form Pty Ltd, a company in the form industry. The dispute centred around whether the terms and conditions of the proposed collective agreement complied with the relevant legislative framework and if it was fair and reasonable.

The key legal issues that the FWC had to determine were whether the proposed agreement was in accordance with the Fair Work Act 2009 (Cth), specifically sections related to the registration of agreements and the criteria for approval. Additionally, the FWC needed to assess whether the agreement met the requirements for being a 'protected action' under the Industrial Relations Act 1996 (WA). The FWC also needed to consider whether the agreement was fair and reasonable, and whether it was likely to lead to improved productivity and industrial harmony.

The FWC found that the proposed agreement complied with the Fair Work Act 2009 (Cth) and the Industrial Relations Act 1996 (WA). The FWC concluded that the agreement contained terms and conditions that were fair and reasonable, and that it was likely to lead to improved productivity and industrial harmony. The FWC also determined that the agreement was a 'protected action' under the Industrial Relations Act 1996 (WA). Therefore, the FWC approved the proposed agreement.

The FWC ordered that the Admin Form Pty Ltd / CFMEU Collective Agreement 2019-2023 be registered and made a protected agreement. The agreement was to be in effect from 1 April 2019 until 31 March 2023. The FWC also ordered that the agreement be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established