Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4269)

WESTERN SYDNEY FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 21 OCTOBER 2022

Application for approval of the Western Sydney Formwork Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Western Sydney Formwork Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 28 October 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Western Sydney Formwork Pty Ltd (WSFL) for the period 2019-2023. The Fair Work Commission heard the application and was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central issue before the Commission was whether the collective agreement contained terms and conditions that met the statutory criteria for approval under the Fair Work Act. Specifically, the Commission had to examine whether the agreement was in the public interest, promoted systemically important bargaining, and was consistent with the principles of enterprise bargaining. The Commission also needed to assess whether the agreement contained appropriate dispute resolution processes and did not unfairly discriminate against any class of employees.

In its reasoning, the Commission found that the agreement was in the public interest, as it provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement promoted systemically important bargaining and was consistent with the principles of enterprise bargaining. The agreement contained appropriate dispute resolution processes, and the Commission was satisfied that it did not unfairly discriminate against any class of employees. Consequently, the Commission approved the collective agreement between the CFMEU and WSFL for the period 2019-2023.

The Commission's final order was to approve the Western Sydney Formwork Pty Ltd / CFMEU Collective Agreement 2019-2023, recognising the agreement as a registered agreement under the Fair Work Act. This decision ensures that the terms and conditions of employment for the relevant employees are governed by the approved collective agreement, providing certainty and stability in the workplace.

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