Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3982)

SYDNEY GLASS LIFTERS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 SEPTEMBER 2022

Application for approval of the Sydney Glass Lifters Pty Ltd/ CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Sydney Glass Lifters Pty Ltd/ CFMEU Collective Agreement 2022-2025 (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 7 October 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Sydney Glass Lifters Pty Ltd/CFMEU Collective Agreement 2022-2025 in the Fair Work Commission. The applicant union argued that the agreement was made in good faith and covered the required topics. The respondent employer, Sydney Glass Lifters, contested the approval, asserting that the agreement contained provisions that were not in good faith and did not address all the required topics.

The central legal issue before the Commission was whether the collective agreement was made in good faith and covered all the necessary topics. The Commission had to assess the provisions of the agreement against the criteria set out in the Fair Work Act 2009. The respondent employer's objections centred on specific clauses in the agreement, which they claimed were not made in good faith or were outside the scope of the required topics. The union defended the clauses, arguing they were necessary for the protection of employees' rights and interests.

The Fair Work Commission found that the majority of the agreement was made in good faith and covered all the required topics. However, the Commission identified certain provisions that did not meet the statutory criteria. These provisions were deemed not to have been made in good faith and were outside the scope of the required topics. Consequently, the Commission exercised its power under section 234 of the Fair Work Act 2009 to modify the agreement by removing the offending provisions. The modified agreement was subsequently approved by the Commission.

The final orders of the Commission included the approval of the collective agreement, subject to the modifications made by the Commission. The employer was directed to implement the modified agreement in accordance with the terms set out by the Commission. The union was also directed to take necessary steps to ensure that the employees were informed of the modifications and to facilitate the transition to the new agreement.

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