Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2435)

USPL Group Pty Ltd and CFMEU Union Collective Agreement 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JULY 2022

Application for approval of the USPL Group Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of a greenfields agreement known as the USPL Group Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 3 August 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 application before the Fair Work Commission was for approval of a collective agreement between the USPL Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2022. The Commission was asked to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement was genuinely a product of bargaining between the parties, whether it complied with the good faith bargaining obligations, and whether it met the requirements of the modern awards applicable to the employees. The Commission also had to consider whether the agreement contained any provisions that were contrary to public policy or that had the potential to undermine the operation of the modern awards.

After considering the submissions from both parties and reviewing the provisions of the proposed agreement, the Commission found that the agreement was a genuine product of bargaining and that it complied with the good faith bargaining obligations. The Commission also found that the agreement contained provisions that were consistent with the modern awards and that there were no provisions that were contrary to public policy. The Commission approved the agreement subject to certain modifications to ensure compliance with the Fair Work Act and the applicable modern awards.

The final orders of the Commission were that the proposed agreement be approved with modifications to ensure that it met the requirements of the Fair Work Act and the applicable modern awards. The parties were directed to provide written confirmation of their acceptance of the modifications within a specified timeframe. The Commission also directed that the agreement be registered with the Fair Work Commission and that a copy be provided to the relevant employees.

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