Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4120)

The Trustee for QLD Shotcreting Services Trust T/AsQueensland Shotcrete Services Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2022

Application for approval of The Trustee for QLD Shotcreting Services Trust T/As Queensland Shotcrete Services Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as The Trustee for QLD Shotcreting Services Trust T/As Queensland Shotcrete Services 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 19 October 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement entered into with the trustee of the Queensland Shotcreting Services Trust. The dispute was heard in the Fair Work Commission. The central legal issues were whether the agreement complied with the relevant statutory requirements and if it was in the best interests of the employees.

The Commission examined whether the agreement was a genuine enterprise agreement under the Fair Work Act 2009 and whether it complied with the formal requirements set out in the legislation. It was necessary to determine if the agreement had been appropriately negotiated and if it provided a fair and reasonable outcome for the employees. The Commission also considered if the agreement met the test of being in the best interests of the employees, including whether it provided for fair terms and conditions of employment.

After considering the evidence and submissions, the Commission found that the agreement was a genuine enterprise agreement and complied with the statutory requirements. It was determined that the agreement had been appropriately negotiated and provided fair terms and conditions of employment for the employees. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the Queensland Shotcreting Services Pty Ltd and CFMEU Union Collective Agreement 2020–2022. The decision confirms that the agreement is a genuine enterprise agreement, complies with the relevant statutory requirements, and is in the best interests of the employees.

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