Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4046)

ZJJ NOMINEES PTY LTD AS TRUSTEE FOR THE JJAZ TRUST T-AS XCEL STRUCTURES / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 7 OCTOBER 2022

Application for approval of the ZJJ Nominees Pty Ltd as Trustee for The JJAZ Trust t-as Xcel Structures / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the ZJJ Nominees Pty Ltd as Trustee for The JJAZ Trust t-as Xcel Structures / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 14 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 parties involved in this application were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ZJJ Nominees Pty Ltd as Trustee for The JJAZ Trust. The dispute pertained to the approval of the CFMEU Collective Agreement 2019-2023 for the entity Xcel Structures. The application was brought before the Fair Work Commission. The central legal issues revolved around whether the proposed collective agreement met the requirements under the Fair Work Act 2009 and if it was fair and reasonable for the employees involved.

The Commission examined whether the agreement was certified as a genuine agreement, whether it contained the mandated minimum terms and conditions, and if it complied with the procedural requirements for approval. Additionally, the Commission assessed whether the agreement would result in a fair and reasonable outcome for the employees, including their pay and conditions. The Commission noted the importance of ensuring that the agreement did not disadvantage employees or create an imbalance in the workplace.

In its reasoning, the Commission determined that the agreement was genuinely made and contained all the necessary minimum terms. It found that the agreement was procedurally valid and would not have an adverse effect on the employees. The Commission concluded that the proposed agreement was fair and reasonable, as it provided adequate protections and benefits to the employees. Accordingly, the Commission approved the application for the collective agreement. The final order was that the CFMEU Collective Agreement 2019-2023 for Xcel Structures be approved as applied by ZJJ Nominees Pty Ltd as Trustee for The JJAZ Trust.

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