Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4249)

Bloc Operations Pty Ltd and CFMEU ACT Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 19 OCTOBER 2022

Application for approval of the Bloc Operations Pty Ltd and CFMEU ACT Enterprise Agreement 2021

The Construction, Forestry, Maritime, Mining and Energy Union has applied for approval of an enterprise agreement known as the Bloc Operations Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 26 October 2022. The nominal expiry date of the Agreement is 1 November 2025.

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 sought approval for the Bloc Operations Pty Ltd and CFMEU ACT Enterprise Agreement 2021. The agreement was subject to scrutiny due to its provisions regarding the introduction of technology and its implications for employee roles and conditions. The primary dispute centred on whether the agreement adequately balanced the interests of the employer and employees, particularly in light of the technological changes proposed.

The legal issues before the Commission included whether the agreement provided for the proper determination of employees' terms and conditions of employment, whether it was likely to achieve a more efficient and productive workplace, and whether it complied with the requirements of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement appropriately addressed the impact of technological changes on job security, training, and employee consultation mechanisms.

The Commission found that the agreement generally met the statutory requirements for approval. It provided for the proper determination of employees' terms and conditions, including provisions for consultation and training in response to technological changes. The agreement was considered likely to contribute to a more efficient and productive workplace, while also addressing the concerns of employees regarding job security and the introduction of new technologies. The Commission emphasised the importance of ongoing consultation and the development of a structured process for managing technological changes to ensure that the interests of both parties were adequately protected. The agreement was ultimately approved subject to certain conditions aimed at enhancing its effectiveness in managing the transition to new technologies.

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