Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3599)

QUICKFORM GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2022

Application for approval of the Quickform Group Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Quickform Group Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 15 September 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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 (CFMEU) applied for the approval of the Quickform Group Pty Ltd/CFMEU Collective Agreement 2019-2023. The dispute involved the terms of employment and industrial conditions for workers in the Quickform Group's business. The Commission was tasked with determining whether the proposed agreement met the legal standards for approval, including provisions for minimum wages, hours of work, and other workplace entitlements. The key issue before the Commission was whether the agreement complied with the Fair Work Act 2009 and its regulations. Specifically, the Commission needed to assess if the agreement's terms were fair and reasonable, considering the rights and interests of both the employer and employees.

The Commission examined the agreement's provisions in light of the statutory framework, focusing on the balance between the parties' rights and obligations. The CFMEU argued that the agreement was fair and reasonable, as it provided adequate protections for workers while allowing for flexibility in the business operations. The Quickform Group, on the other hand, raised concerns about certain clauses that it believed were overly restrictive and could hinder its ability to manage the business effectively. After a thorough review of the submissions and evidence presented by both parties, the Commission found that the agreement was fair and reasonable. It concluded that the agreement met the necessary standards under the Fair Work Act and did not unfairly disadvantage either party. The Commission's decision was based on its assessment that the agreement provided a balanced approach to the rights and obligations of both the employer and employees.

Consequently, the Fair Work Commission approved the Quickform Group Pty Ltd/CFMEU Collective Agreement 2019-2023. The Commission's decision was based on its finding that the agreement was fair and reasonable, providing adequate protections for workers while allowing for flexibility in the business operations. The approval of the agreement ensures that the terms of employment and industrial conditions for workers in the Quickform Group's business are legally compliant and balanced.

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