Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4523)

Queensland Pre-Stressing Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 NOVEMBER 2022

Application for approval of the Queensland Pre-Stressing Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the Queensland Pre-Stressing 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 16 November 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a collective agreement with Queensland Pre-Stressing Pty Ltd. The agreement proposed terms and conditions of employment for employees in the Queensland pre-stressing industry. The CFMEU sought to have the agreement registered under the Fair Work Act 2009 (Cth). The FWC was required to determine whether the agreement met the requirements for registration under the Act.

The legal issues before the FWC included whether the agreement was made in good faith and whether it was free from any prohibited content. The FWC needed to consider whether the agreement provided for proper representation of the employees and if it contained any provisions that were contrary to public policy. The FWC also had to examine whether the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The FWC found that the agreement was made in good faith and was free from any prohibited content. The FWC determined that the agreement provided for proper representation of the employees and did not contain any provisions that were contrary to public policy. The FWC also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties. The FWC approved the agreement and registered it under the Act.

The FWC made an order approving and registering the Queensland Pre-Stressing Pty Ltd and CFMEU Union Collective Agreement 2020–2022. The agreement was registered on 24 March 2020 and will remain in effect until 23 March 2022. The CFMEU and Queensland Pre-Stressing Pty Ltd are now bound by the terms and conditions of the agreement, which will govern the employment of employees in the Queensland pre-stressing industry for the duration of the agreement.

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