Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5295)

ECS SOLUTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 18 JANUARY 2023

Application for approval of the ECS Solutions Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of a greenfields agreement known as the ECS Solutions Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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 25 January 2023. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the approval of the ECS Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Union Collective Agreement 2020–2022. The applicant, ECS Solutions Pty Ltd, sought approval of the agreement, which outlined the terms and conditions of employment for their employees. The CFMEU, on the other hand, represented the employees in the negotiation and submission of the agreement.

The central legal issue was whether the agreement complied with the Fair Work Act 2009 and met the criteria for approval as per the Fair Work Regulations 2009. The Commission needed to assess if the agreement was made in good faith, whether it included the minimum terms and conditions required by law, and if it was free from any illegality or contravention of the Act. The Commission also had to determine if the agreement was in the best interests of the employees and the employer.

In reaching its decision, the Commission examined the negotiation process, the contents of the agreement, and the arguments presented by both parties. It found that the agreement had been made in good faith and contained all the mandatory minimum terms and conditions. The Commission was satisfied that the agreement was not illegal or contrary to the Act, and it was in the best interests of both the employees and the employer. Therefore, the Commission approved the ECS Solutions Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

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