Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 142

[2023] FWCA 142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5117)

CONNECT RESOURCES (WA) PTY LTD AND CFMEU (WA) CIVIL ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 17 JANUARY 2023

Application for approval of the Connect Resources (WA) Pty Ltd and CFMEU (WA) Civil Enterprise Agreement 2022

1. The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) has applied for approval of an enterprise agreement known as the Connect Resources (WA) Pty Ltd and CFMEU (WA) Civil Enterprise Agreement 2022 (the Agreement). The Employer is Connect Resources (WA) Pty Ltd. (the Employer). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 

1. The Agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. The CFMMEU and the Australian Workers’ Union (the AWU) each submitted a Form F21 indicating they wished to be covered by the Agreement.

1. In accordance with s.187(5)(A) of the Act, I am satisfied that the CFMMEU and AWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it. 

1. Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with CFMMEU and AWU, and that the Agreement covers the organisations.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings.  No concern was raised with respect to the undertakings.  

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen. I am also satisfied that it is in the public interest to approve the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2023.  The nominal expiry date of the Agreement is 3 July 2024.

COMMISSIONER

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Annexure A – Undertakings