Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5045)

PHOENIX ALLOY INDUSTRIES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 13 DECEMBER 2022

Application for approval of the Phoenix Alloy Industries Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Phoenix Alloy Industries 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 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Phoenix Alloy Industries Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The agreement was submitted for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for registration under the Act and whether it was in the best interests of the employees.

The Commission examined the terms of the agreement and found that it contained provisions that were consistent with the objects of the Act, including provisions for minimum rates of pay, allowances, leave entitlements, and dispute resolution mechanisms. The Commission also considered the impact of the agreement on the employees and found that it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met the requirements for registration and was in the best interests of the employees.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications included amendments to the dispute resolution provisions to ensure that they were consistent with the requirements of the Act. The modifications also included changes to the provisions relating to the classification of employees to ensure that they were consistent with the relevant awards.

The final orders of the Commission included approval of the agreement, subject to the modifications, and a direction that the agreement be registered with the Fair Work Commission. The orders also included a direction that the employer and the union take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established