Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3433)

RANGEDALE QLD PTY LTD AND CFMEU UNION COLLECTIVEAGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 AUGUST 2022

Application for approval of the Rangedale QLD Pty Ltd and CFMEU Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Rangedale QLD Pty Ltd and CFMEU Union Collective Agreement 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 2 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of a collective agreement between Rangedale QLD Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought to the Fair Work Commission, which is the relevant tribunal in Australia for matters related to workplace relations and industrial disputes. The dispute centred on whether the proposed collective agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues addressed by the court were whether the collective agreement complied with the statutory requirements for approval, including provisions related to employee representation, dispute resolution, and procedural fairness. The court also considered whether the agreement adequately balanced the interests of both the employer and the employees and whether it adhered to the principles of good faith bargaining.

The court examined the collective agreement in detail, focusing on the specific provisions that were challenged. It assessed whether the agreement provided for effective employee representation and dispute resolution mechanisms that were fair and accessible. The court also considered whether the agreement demonstrated good faith bargaining by both parties. After a thorough review, the court concluded that the collective agreement met the necessary criteria and was therefore approved. The decision underscored the importance of balancing the interests of employers and employees while adhering to statutory requirements.

The Fair Work Commission approved the Rangedale QLD Pty Ltd and CFMEU Union Collective Agreement 2022, finding that it complied with the relevant provisions of the Fair Work Act 2009. The court's decision highlighted the importance of ensuring that collective agreements facilitate fair and effective bargaining processes and provide for adequate representation and dispute resolution mechanisms. The approval of the agreement was a significant outcome for both the employer and the union, as it provided a legally binding framework for their industrial relationship moving forward.

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