Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3411)

DEMEX CONTRACTORS PTY LTD T/AS DEMEX AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 AUGUST 2022

Application for approval of the Demex Contractors Pty Ltd T/As Demex and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Demex Contractors Pty Ltd T/As Demex 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 1 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

The case involved an application by Demex Contractors Pty Ltd, trading as Demex, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their collective agreement for the period 2020-2022. The application was lodged with the Fair Work Commission of Australia, which was tasked with assessing the agreement under the Fair Work Act 2009. The dispute centred on whether the proposed terms and conditions in the collective agreement complied with the statutory requirements and if the agreement was in the best interests of the employees and employers involved.

The primary legal issues the Commission needed to address were whether the collective agreement adhered to the Fair Work Act's provisions, particularly concerning the protection of employees' rights and the balance of interests between the parties. The Commission also had to consider if the agreement contained unfair provisions that could potentially undermine the rights of employees or impose unreasonable obligations on employers. The Commission was required to determine if the agreement met the criteria for being a "registered agreement," as outlined in the Fair Work Act.

The Fair Work Commission, after careful consideration, found that the collective agreement proposed by Demex and the CFMEU was largely compliant with the statutory requirements. The Commission determined that the agreement adequately protected employees' rights and maintained a fair balance between the interests of the employers and employees. The Commission also concluded that none of the provisions were unfair or unreasonable. Consequently, the Commission approved the collective agreement, recognising it as a registered agreement under the Fair Work Act. The decision was based on the comprehensive analysis of the agreement's provisions and the assurance that it met the necessary standards for employee protection and fair bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established