Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4133)

SRG Global Building (Northern) 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 SRG Global Building (Northern) Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the SRG Global Building (Northern) 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 case involved an application for approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and SRG Global Building (Northern) Pty Ltd, covering the period from 2020 to 2022. The application was brought before the Fair Work Commission, Australia's independent statutory authority responsible for overseeing workplace relations and employment matters.

The primary legal issue before the court was whether the proposed collective agreement met the necessary requirements under the Fair Work Act 2009 for approval and registration. This involved examining whether the agreement complied with the provisions of the Act and adhered to the principles of good faith bargaining, ensuring that it did not disadvantage employees or employers unduly and was in line with broader economic and social objectives.

In its decision, the court analysed the agreement clause by clause, considering its compliance with the legislative framework. It determined that the agreement did not contravene any provisions of the Act and did not impose any unfair conditions on either party. The court found that the agreement was a bona fide outcome of negotiations conducted in good faith, reflecting a balanced approach to the rights and obligations of both the union and the employer. Consequently, the court approved and registered the collective agreement, ensuring that it would be legally binding between the parties for the specified period.

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