Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5362)

New Century Group Australia II Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 DECEMBER 2022

Application for approval of the New Century Group Australia II Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the New Century Group Australia II Pty Ltd / CFMEU Collective Agreement 2019-2023 (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.

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 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought to have the New Century Group Australia II Pty Ltd/CFMEU Collective Agreement 2019-2023 approved by the Fair Work Commission. The dispute arose as a result of the applicant union's desire to have the agreement, which had been entered into with the employer, recognised under the Fair Work Act 2009. The applicant union argued that the agreement contained terms and conditions of employment that were more favourable than the applicable modern awards and that the agreement should therefore be approved.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated and if it contained terms and conditions of employment that were more favourable than those provided for in the applicable modern awards. The Commission also had to consider whether the agreement was in the public interest.

The Commission found that the agreement was genuinely negotiated between the parties and that it contained terms and conditions of employment that were more favourable than those provided for in the applicable modern awards. The Commission also concluded that the agreement was in the public interest as it provided for a framework for the resolution of workplace disputes and facilitated the achievement of productive and harmonious workplace relations. As a result, the Commission approved the agreement under the Fair Work Act.

The Fair Work Commission approved the New Century Group Australia II Pty Ltd/CFMEU Collective Agreement 2019-2023. The agreement was found to be genuinely negotiated, to contain terms and conditions of employment that were more favourable than those provided for in the applicable modern awards, and to be in the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established