Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5001)

REDWOOD CONSTRUCTION SERVICES (CW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 DECEMBER 2022

Application for approval of the Redwood Construction Services (CW) Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Redwood Construction Services (CW) Pty Ltd / CFMEU Collective Agreement 2022-2025 (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 19 December 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFME) applied for approval of the Redwood Construction Services Pty Ltd / CFMEU Collective Agreement 2022-2025. The dispute was heard in the Fair Work Commission. The central issue was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the CFMEU sought approval for the agreement under section 235 of the Act, which mandates that an enterprise agreement must meet certain criteria, including that it must be in writing, cover a particular enterprise, and not contain anything that is not "directly related to the terms and conditions of employment".

The Commission found that the agreement met the necessary statutory requirements. The agreement was in writing, covered the specified enterprise, and all provisions were directly related to the terms and conditions of employment. The Commission considered the agreement's provisions in light of the Act's objectives and found no provisions that contravened the Act or were otherwise invalid. The agreement was therefore approved under section 235 of the Fair Work Act.

The Commission's reasoning was that the agreement was clear, comprehensive, and aligned with the statutory requirements. There were no procedural irregularities in the agreement's formation, and both parties had genuinely bargained for the terms included. The agreement provided for a fair and equitable resolution of the terms and conditions of employment, without including any extraneous matters. Consequently, the Commission determined that the agreement was suitable for approval.

The Commission approved the Redwood Construction Services Pty Ltd / CFMEU Collective Agreement 2022-2025. The approval is effective from the date of the decision and will remain in force until the end of the agreement period, or until varied or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established