Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5038)

Hansen Yuncken Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 13 DECEMBER 2022

Application for approval of the Hansen Yuncken Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of a greenfields agreement known as the Hansen Yuncken Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2022. 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 matter before the Fair Work Commission was an application for approval of a collective agreement between Hansen Yuncken Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020–2022. The application was made under section 236 of the Fair Work Act 2009, which allows the Commission to approve an agreement if it is satisfied that it provides for, among other things, the fair and equitable resolution of workplace disputes and the efficient and productive operation of the workplace. The CFMEU sought approval of the agreement on behalf of its members, while Hansen Yuncken opposed the application, arguing that the agreement contained provisions that were not in the best interests of its employees or the business.

The central legal issue before the Commission was whether the collective agreement complied with the requirements of section 236 of the Fair Work Act, including whether it provided for the fair and equitable resolution of workplace disputes and the efficient and productive operation of the workplace. In particular, Hansen Yuncken argued that certain provisions of the agreement, including provisions relating to the payment of allowances and the establishment of a joint health and safety committee, were not in the best interests of its employees or the business. The CFMEU, on the other hand, argued that the agreement provided for a fair and equitable resolution of workplace disputes and the efficient and productive operation of the workplace, and that the provisions in question were necessary to protect the rights and interests of its members.

In deciding the application, the Commission considered the provisions of the Fair Work Act and the evidence presented by both parties. The Commission found that the agreement provided for the fair and equitable resolution of workplace disputes and the efficient and productive operation of the workplace, and that the provisions in question were necessary to protect the rights and interests of the employees. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest or that would have an adverse effect on the efficient and productive operation of the workplace. Accordingly, the Commission approved the application and certified the collective agreement as a registered agreement under section 171 of the Fair Work Act. The Commission's decision was based on its finding that the agreement provided for the fair and equitable resolution of workplace disputes and the efficient and productive operation of the workplace, and that the provisions in question were necessary to protect the rights and interests of the employees. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest or that would have an adverse effect on the efficient and productive operation of the workplace. The Commission's decision was therefore in favour of the CFMEU and its members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established