Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 4604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5296)

WHA GROUP 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 WHA Group Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the WHA Group Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the WHA Group Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The applicant argued that the agreement was fair and reasonable, and would benefit the employees and the employer. The respondent, WHA Group Pty Ltd, contested the approval, arguing that the agreement was not fair and reasonable, and would negatively impact the employer's business. The Fair Work Commission heard the application.

The legal issues before the Commission were whether the agreement was fair and reasonable, and whether it met the requirements of the Fair Work Act 2009. The Commission considered the parties' submissions, the terms of the agreement, and the evidence presented. The Commission also had to consider the impact of the agreement on the employees and the employer.

The Commission found that the agreement was fair and reasonable, and met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a fair and reasonable wage increase, and contained provisions that were beneficial to both parties. The Commission also found that the agreement did not have an unreasonable adverse effect on the employer's business. The Commission approved the agreement.

The Fair Work Commission approved the WHA Group Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The agreement will now be in effect for the period of 2020-2022. The employer and the union are now bound by the terms of the agreement, and must abide by its provisions.

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