Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3079)

NATIONAL FORM 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 National Form Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the National Form 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 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 matter before the Fair Work Commission involved an application by the National Form Pty Ltd to approve a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought pursuant to section 234 of the Fair Work Act 2009, seeking the Commission's approval of the terms of the collective agreement, which was intended to govern the employment conditions of employees within the company. The Commission was required to determine whether the agreement met the criteria for approval as set out in the Act.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, whether it was free from any discriminatory provisions, and whether it complied with the relevant provisions of the National Employment Standards and other applicable industrial instruments. The Commission also had to consider whether the agreement was made in good faith and without any coercion or undue influence.

In making its decision, the Commission considered the evidence and submissions from both parties. The Commission noted that the agreement contained provisions that were consistent with the statutory requirements for approval, including provisions for a fair and efficient workplace and provisions that were free from any discriminatory terms. The Commission also found that the agreement was made in good faith and without any undue influence. Accordingly, the Commission was satisfied that the agreement met the criteria for approval under the Act. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The Commission's decision provides guidance to employers and unions on the requirements for approving a collective agreement under the Fair Work Act. The decision confirms that agreements that meet the statutory criteria for approval will be approved by the Commission, provided that they are made in good faith and without any undue influence. The decision also highlights the importance of ensuring that agreements are free from any discriminatory provisions and that they comply with the relevant provisions of the National Employment Standards and other applicable industrial instruments.

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