Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5262)

East Coast Steel Fabrication Pty Ltd and CFMEU Union

Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	Brisbane, 29 DECEMBER 2022

Application for approval of the East Coast Steel Fabrication Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the East Coast Steel Fabrication Pty Ltd and CFMEU Union Collective Agreement 2020-2022. 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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 5 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

In the matter of an application by the Construction, Forestry, Maritime, Mining and Energy Union for approval of the East Coast Steel Fabrication Pty Ltd and CFMEU Union Collective Agreement 2020-2022, the Fair Work Commission (FWC) was tasked with determining whether the proposed agreement met the criteria for registration under the Fair Work Act 2009. The application arose from negotiations between the union and the employer, leading to the proposed collective agreement, which sought to regulate employment conditions for workers in the specified industry.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act, including whether the union had the requisite membership support, and whether the agreement's terms were consistent with the public interest and the principles of the Fair Work system. The Commission needed to assess the union’s compliance with the requirements to hold a ballot and ensure that a majority of its members voted in favour of the agreement. Additionally, the Commission considered whether the proposed terms and conditions were reasonable and did not undermine the objectives of the Act, such as promoting harmonious, productive, and cooperative workplace relations.

The Commission found that the union had satisfied the procedural requirements for balloting its members and that a majority had voted in favour of the agreement. The Commission then examined the substantive terms of the agreement and found that while some provisions were consistent with the principles of the Fair Work system, others required modification to align with the public interest and legislative objectives. Consequently, the Commission approved the agreement with modifications to certain terms and conditions, ensuring they met the statutory criteria. The modifications primarily related to provisions that could potentially undermine the objectives of harmonious and productive workplace relations.

As a result of the Commission's determination, the East Coast Steel Fabrication Pty Ltd and CFMEU Union Collective Agreement 2020-2022 was registered with the modifications noted, thereby ensuring compliance with the Fair Work Act and promoting fair and productive workplace relations within the specified industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established