Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2423)

NATIONAL FORM PTY LTD AND CFMEU UNION COLLECTIVEAGREEMENT 2020–2022

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

Application for approval of the National Form Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of a greenfields agreement known as the National Form 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 2 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 Construction, Forestry, Maritime, Mining and Energy Union, acting as the representative for the workers in the construction industry, applied to the Fair Work Commission for the approval of the National Form Pty Ltd and CFMEU Union Collective Agreement 2020-2022. This application was made in accordance with the provisions of the Fair Work Act 2009. The dispute arose from the terms and conditions outlined in the collective agreement, which was being contested by the employer, National Form Pty Ltd.

The central legal issues before the court were whether the collective agreement met the criteria for approval under section 233 of the Fair Work Act 2009. These criteria include ensuring the agreement promotes high wages and conditions, maintains a fair and efficient workplace, and does not unduly harm the employer's business. The court was required to examine the specifics of the agreement to determine if it complied with these statutory requirements. Additionally, the court had to assess whether the agreement appropriately balanced the interests of both the workers and the employer.

In its decision, the Fair Work Commission held that the collective agreement was consistent with the legislative standards set out in the Fair Work Act. The agreement was found to promote fair and reasonable wages and conditions while also ensuring that it did not place undue hardship on the employer's business operations. The court noted that the agreement included provisions that allowed for flexibility and efficiency in the workplace, which were deemed necessary for the continued viability of the employer's business. Consequently, the Commission approved the collective agreement, finding that it met all necessary legal requirements.

The final orders of the Fair Work Commission included the approval of the National Form Pty Ltd and CFMEU Union Collective Agreement 2020-2022, effective from the date of the decision. This approval validated the terms and conditions outlined in the agreement, allowing it to be implemented between the parties. The decision underscored the importance of balancing the interests of both employees and employers within the framework of industrial relations law.

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