Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4967)

Ceasefire Applications Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2022

Application for approval of the Ceasefire Applications Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Ceasefire Applications 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 15 December 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a union collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Ceasefire Applications Pty Ltd, covering the period 2020-2022. The applicant, the CFMEU, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would afford its terms legal enforceability and protection against adverse actions by employers.

The central legal issues before the Commission were whether the agreement was genuinely negotiated between the parties and whether it contained terms that were fair and reasonable in all the circumstances. This included assessing whether the terms of the agreement complied with the requirements of the Fair Work Act, particularly in relation to the prohibition on terms that would undermine the integrity of industrial relations law.

The Commission found that the agreement was genuinely negotiated between the parties and contained terms that were fair and reasonable. It was satisfied that the agreement did not include any terms that would undermine the integrity of industrial relations law. The Commission also noted the significant evidence of the parties' bargaining positions, the extent of the negotiations, and the terms of the agreement, which supported its conclusion. The Commission approved the agreement, making it a registered agreement under the Fair Work Act.

The Fair Work Commission approved the application for the registration of the Ceasefire Applications Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The agreement is now legally enforceable and protected from adverse actions by the employer. The Commission's decision provides clarity and certainty for both parties, enabling them to focus on their mutual objectives and the efficient operation of their business.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established