Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4039)

J Bros Formwork Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 OCTOBER 2022

Application for approval of the J Bros Formwork Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the J Bros Formwork 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 13 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 matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and J Bros Formwork Pty Ltd. The parties sought approval of their proposed collective agreement for the period 2020 to 2022. The application was brought under the Fair Work Act 2009, and the decision was made by the Fair Work Commission, a specialist tribunal with jurisdiction over workplace relations matters.

The central legal issues the court had to address related to whether the proposed collective agreement complied with the statutory requirements and whether it was in the best interests of the employees and the employer. Specifically, the court needed to ensure that the agreement met the criteria for approval, such as being free from any unfair provisions, not undermining the operation of the Fair Work Act, and being consistent with the broader principles of Australian workplace relations law.

The court found that the collective agreement met all the necessary criteria for approval. It was not found to contain any unfair provisions and was consistent with the aims of the Fair Work Act. The agreement was also considered to be in the best interests of the employees and the employer, as it provided a fair and balanced set of terms and conditions for both parties. The court emphasised the importance of the agreement in providing a stable and predictable workplace environment, which was particularly relevant in the context of the industries covered by the agreement. Following its review, the court approved the collective agreement.

No further orders were made by the court. The approval of the collective agreement by the Fair Work Commission concluded the matter, allowing the agreement to take effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established