Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3551)

BJS Group (Qld) Pty Ltd and CFMEU Union CollectiveAgreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2022

Application for approval of the BJS Group (Qld) Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the BJS Group (Qld) 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 12 September 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 case involves the Construction, Forestry, Maritime, Mining and Energy Union and the BJS Group (Qld) Pty Ltd. The union applied to the Fair Work Commission for approval of a collective agreement covering the period 2020-2022. The BJS Group, a company in the construction industry, had entered into a collective agreement with the union. The union sought the Commission's approval of the agreement, as required by section 234 of the Fair Work Act 2009. The BJS Group supported the application for approval, but an objector, who was not a party to the agreement, opposed the approval.

The central legal issues before the Commission were whether the collective agreement met the criteria for approval under section 234 of the Fair Work Act and whether the objector's concerns about the agreement were valid. The Commission needed to determine whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Act. The objector argued that the agreement contained provisions that were not in the best interests of employees, but the union and the BJS Group contended that the agreement was fair and reasonable.

The Commission examined the agreement and the submissions from all parties. It considered whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission found that the agreement met the criteria for approval and that the objector's concerns were not substantiated. The Commission concluded that the agreement was fair and reasonable and in the best interests of the employees. The application for approval of the collective agreement was approved by the Commission.

The Fair Work Commission approved the application for approval of the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and the BJS Group (Qld) Pty Ltd for the period 2020-2022. The Commission found that the agreement met the criteria for approval under section 234 of the Fair Work Act and was in the best interests of the employees. The objector's concerns about the agreement were not substantiated, and the agreement was found to be fair and reasonable.

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