Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 4296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4957)

Tolleno Hire Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 8 DECEMBER 2022

Application for approval of the Tolleno Hire Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Tolleno Hire 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 15 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 matter under consideration involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Tolleno Hire Pty Ltd, with the latter seeking approval of a proposed collective agreement set for the years 2022 to 2025. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements under the Fair Work Act 2009. The Commission's decision was pivotal in establishing the terms of employment for the workers within Tolleno Hire Pty Ltd, ensuring compliance with statutory provisions and addressing the balance of interests between the employer and the union.

The primary legal issues before the Commission involved assessing whether the proposed collective agreement adhered to the legislative framework and if it met the criteria for approval. This included scrutinising provisions for employee rights, wages, conditions of employment, and ensuring the agreement did not undermine any fundamental rights of employees. Furthermore, the Commission had to determine if the agreement was the product of genuine collective bargaining and if it was fair and reasonable in all respects.

In rendering its decision, the Commission meticulously examined the contents of the proposed agreement, confirming that it satisfied the legislative requirements. The Commission found that the agreement was indeed the result of genuine collective bargaining, as evidenced by the negotiations between the parties. Additionally, the Commission determined that the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Fair Work Commission approved the collective agreement, thereby establishing the terms and conditions of employment for the specified period.

The final orders of the Commission included the approval of the Tolleno Hire Pty Ltd / CFMEU Collective Agreement 2022-2025, which now governs the employment conditions of the workers within the company. The agreement was endorsed, effective from 1 July 2022, for the duration of three years, subject to the terms and conditions outlined in the approved document. This decision ensures that the rights and obligations of the parties are legally recognised and enforceable under the Fair Work Act.

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