Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4396)

Sunshine Contracting ACT Pty Ltd and CFMEU ACT Finishing and façade Trades Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 November 2022

Application for approval of the Sunshine Contracting ACT Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021

An application has been made for approval of a greenfields agreement known as the Sunshine Contracting ACT Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 9 November 2022. The nominal expiry date of the Agreement is 1 August 2024.

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 (CFMEU) made an application for the approval of the Sunshine Contracting ACT Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021. The dispute arose from the negotiation and content of the enterprise agreement, which aimed to govern the employment terms and conditions of workers employed by Sunshine Contracting ACT Pty Ltd. The key legal issues for the Commission to determine were whether the agreement met the statutory requirements for registration under the Fair Work Act 2009 and whether the process by which the agreement was formed complied with the necessary legal standards.

The Commission examined the application under the Fair Work Act, focusing on whether the agreement was genuinely negotiated, covered the appropriate bargaining unit, and included essential safety net protections. It was essential to assess if the agreement was made in good faith and if it adhered to the legal framework for enterprise agreements. The Commission also considered whether the agreement contained all necessary minimum terms and conditions, including those related to pay rates, penalty rates, and other employment terms. Furthermore, the Commission assessed if the agreement was appropriately certified by an independent certifier.

Upon reviewing the evidence and submissions, the Commission determined that the agreement met all statutory requirements for registration. The Commission found that the agreement was genuinely negotiated between the parties, covered the appropriate bargaining unit, and included all necessary minimum terms and conditions. The Commission also confirmed that the process by which the agreement was formed complied with the legal standards. Consequently, the Commission approved the Sunshine Contracting ACT Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021, thereby resolving the application in favour of the union.

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