Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3668)

Midway Limited Enterprise Agreement 2022

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 12 SEPTEMBER 2022

Application for approval of the Midway Limited Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Midway Limited Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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, will operate from 19 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Midway Limited Enterprise Agreement 2022. The dispute arose from the negotiation and terms of the enterprise agreement between the union and Midway Limited, a company operating in the construction industry. The union sought to have the agreement recognised and registered as a legally binding contract.

The legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it was certified as a bargain by an independent certifier. Additionally, the Commission had to consider if the agreement provided fair terms and conditions for employees, and if it complied with any relevant public policy considerations.

The Commission examined the process by which the agreement was certified and the evidence provided regarding the bargaining process. It assessed the terms and conditions of the agreement to ensure they were fair and reasonable. The Commission also evaluated whether the agreement aligned with broader public policy objectives, such as those relating to workplace health and safety. After thorough consideration, the Commission found that the agreement satisfied all necessary statutory requirements and was fair and reasonable. Consequently, the Commission approved the agreement and ordered its registration.

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