Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3999)

Diverse Concreting & Excavations Pty Ltd and CFMEU Concrete Sector Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 24 OCTOBER 2022

Application for approval of the Diverse Concreting & Excavations Pty Ltd and CFMEU Concrete Sector Enterprise Agreement 2022

Construction, Forestry, Maritime, Mining and Energy Union (the Applicant and the Union) has made an application for the approval of an enterprise agreement known as the Diverse Concreting & Excavations Pty Ltd and CFMEU Concrete Sector Enterprise Agreement 2022 (the Agreement). Diverse Concreting & Excavations Pty Ltd is the employer covered by the Agreement. The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union, also being a bargaining representative for the Agreement, gave notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 October 2022. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Diverse Concreting & Excavations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union Concrete Sector Enterprise Agreement 2022. The application was made under section 232 of the Fair Work Act 2009 by the union, which sought the Fair Work Commission's endorsement of the agreement. The dispute centred on the procedural fairness and compliance of the agreement with the relevant legislative requirements.

The primary legal issues for the court to determine were whether the union had followed proper procedures in negotiating the enterprise agreement and whether the agreement complied with the statutory standards set forth in the Fair Work Act. The court had to consider whether the union had acted fairly and in good faith during the negotiation process and whether the agreement adhered to the mandatory provisions outlined in the Act.

In reaching its decision, the court examined the evidence presented regarding the negotiation process and the content of the agreement. It found that the union had acted in accordance with the procedural requirements and that the agreement met the statutory standards. The court concluded that the union had exercised its bargaining rights appropriately and that the agreement was consistent with the legislative framework. As a result, the court approved the enterprise agreement, thereby resolving the dispute in favour of the union.

The final orders of the court mandated the approval of the Diverse Concreting & Excavations Pty Ltd and the CFMEU Concrete Sector Enterprise Agreement 2022. The agreement was to be registered with the Fair Work Commission, and the terms and conditions set out within it would be enforceable under the Fair Work Act. This decision provided certainty to the parties involved and ensured compliance with the statutory obligations governing enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established