Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3983)

KMA Project Services Pty Ltd and CFMEU Union Collective Agreement 2020–2022

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

Application for approval of the KMA Project Services Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the KMA Project 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 7 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 Fair Work Commission concerned an application by KMA Project Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their collective agreement. The application was brought before the Fair Work Commission, a federal specialist tribunal with jurisdiction over employment-related matters. The primary dispute centred on the terms and conditions of employment set out in the proposed collective agreement between the employer and the union, and whether these terms complied with the relevant industrial legislation.

The legal issues that the Commission was required to address included whether the collective agreement complied with the provisions of the Fair Work Act 2009, particularly sections concerning minimum wages and conditions, and whether it adhered to the principles of good faith bargaining. Furthermore, the Commission had to consider if the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009, including the necessity for the union to be registered and the employer to be authorised to engage in the negotiation of a collective agreement.

In delivering its decision, the Commission examined the content of the proposed collective agreement, comparing it against the statutory requirements. The Commission found that the agreement met the necessary standards under the Fair Work Act, including provisions for minimum wages and conditions, and was consistent with the principles of good faith bargaining. Additionally, the Commission confirmed that the union was appropriately registered and that the employer was authorised to negotiate the agreement. The Commission approved the collective agreement, emphasising the importance of the agreement in providing clarity and stability in the employment relationship between the parties.

Following the approval, the Fair Work Commission issued its final orders, approving the KMA Project Services Pty Ltd and CFMEU Union Collective Agreement 2020–2022. The Commission's decision was grounded in its determination that the agreement was fair and reasonable, and complied with all relevant legislative requirements. This ruling provided the employer and union with a legally binding framework for their employment relationship, effective from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established