Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3084)

Carpentry Group Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 AUGUST 2022

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

An application has been made for approval of an enterprise agreement known as the Carpentry Group Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 10 August 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

The case involved an application for approval of a collective agreement between the Carpentry Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The Fair Work Commission (FWC) was asked to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The FWC was tasked with ensuring that the agreement was in the best interests of the employees covered by the agreement, and that it was consistent with the national system for the resolution of industrial matters.

The primary legal issue before the FWC was whether the agreement provided for the fair and equitable treatment of employees, and whether it contained provisions that were consistent with the objects of the Act, including the promotion of harmonious, productive and cooperative workplace relations. The FWC also had to consider whether the agreement provided for the resolution of workplace disputes in a fair and efficient manner, and whether it was in the best interests of the employees covered by the agreement.

The FWC found that the agreement provided for the fair and equitable treatment of employees, and contained provisions that were consistent with the objects of the Act. The FWC noted that the agreement contained provisions for the resolution of workplace disputes, and that it provided for the protection of employees' rights and entitlements. The FWC also found that the agreement was in the best interests of the employees covered by the agreement, as it provided for a range of benefits and protections that were not otherwise available to employees.

The FWC approved the agreement, subject to certain modifications to ensure that it met the criteria for approval under the Act. The modifications included changes to the agreement's provisions relating to the resolution of workplace disputes, and the protection of employees' rights and entitlements. The FWC also made orders requiring the parties to take certain steps to ensure that the agreement was implemented in accordance with its terms.

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