Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3786)

FAMILIA CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 SEPTEMBER 2022

Application for approval of the Familia Contracting Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of a greenfields agreement known as the Familia Contracting Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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 27 September 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application seeking approval of the Familia Contracting Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The primary dispute revolves around the terms and conditions of employment outlined in the proposed agreement, which the union and the employer have negotiated. The case was heard and determined by the Fair Work Commission, an Australian federal statutory body responsible for overseeing the enforcement and interpretation of workplace laws.

The central legal issues before the Commission included whether the terms of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission examined whether the agreement met the statutory requirements for approval, such as not undermining the minimum standards of the National Employment Standards and the applicable award. The Commission also considered the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties.

Upon reviewing the evidence and submissions, the Commission found that the Familia Contracting Pty Ltd and CFMEU Union Collective Agreement 2020-2022 was compliant with the statutory requirements for approval. The Commission confirmed that the terms of the agreement did not undermine the minimum standards set out in the National Employment Standards and the applicable award. Additionally, the Commission was satisfied that the agreement was the product of genuine bargaining between the parties, as evidenced by the negotiation process and documentation provided. Consequently, the Commission approved the agreement, and the union's application was successful.

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