Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 93

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5211)

NO LIMIT GROUP ACT PTY LTD AND CFMEU ACT STEEL-FIXING SECTOR AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JANUARY 2023

Application for approval of the No Limit Group ACT Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019

An application has been made for approval of an enterprise agreement known as the No Limit Group ACT Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 18 January 2023. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Maritime, Mining and Energy Union, the court was tasked with approving the No Limit Group ACT Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who sought the court's approval of the agreement reached with the No Limit Group ACT Pty Ltd. The dispute centred on whether the agreement met the necessary legal standards for such approval under the relevant industrial relations legislation. The Federal Court of Australia was the forum for this application.

The primary legal issue before the court was whether the agreement fulfilled all the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was genuinely negotiated, free from duress or coercion, and if it contained all the necessary provisions as required by law. Additionally, the court had to ensure that the agreement was appropriate for the specific context of the workplace and its terms were clear and not misleading.

The court meticulously reviewed the content of the agreement and the process through which it was negotiated. It found that the agreement was genuinely negotiated without any evidence of duress or coercion. The court also determined that all required provisions were included and that the terms of the agreement were clear and not misleading. Given that the agreement met all legal standards, the court approved it, finding it to be in the best interest of the employees and the employer. The final orders were that the No Limit Group ACT Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019 be approved as per the terms set out in the application.

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