Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3937)

Ausrise Aluminium Pty Ltd/ CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 SEPTEMBER 2022

Application for approval of the Ausrise Aluminium Pty Ltd/ CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Ausrise Aluminium Pty Ltd/ CFMEU Collective Agreement 2019-2023 (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 5 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 case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a collective agreement with Ausrise Aluminium Pty Ltd, covering the period from 2019 to 2023. The application was brought before the Fair Work Commission, the body responsible for regulating and enforcing workplace laws in Australia.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a lawful and valid agreement under the Act, including whether it was made in good faith and provided for a fair and efficient workplace. The Commission also considered the extent to which the agreement balanced the interests of both the employer and the employees, particularly in relation to the terms and conditions of employment.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement and the submissions made by both parties. The Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. It was satisfied that the agreement balanced the interests of both the employer and the employees, and that it complied with the relevant provisions of the Fair Work Act. Accordingly, the Commission approved the collective agreement, allowing it to take effect from the specified period.

The Fair Work Commission approved the Ausrise Aluminium Pty Ltd/CFMEU Collective Agreement 2019-2023, confirming its compliance with the Fair Work Act. The agreement is now in effect, governing the terms and conditions of employment 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