Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2297)

SPECIALISED CONCRETE PUMPING AUS PTY LTD AND CFMEUMINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JULY 2022

Application for approval of the Specialised Concrete Pumping Aus Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

An application has been made for approval of a greenfields agreement known as the Specialised Concrete Pumping Aus Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (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 25 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between Specialised Concrete Pumping Aus Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union Minor Civil Construction Union. The application was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly in relation to its compliance with the principles of the Australian industrial relations system.

The legal issues before the Commission were whether the agreement appropriately balanced the interests of the employer and the employees, whether it adhered to the requirements of the Fair Work Act, and whether it complied with the Commission's existing decisions and guidelines on similar agreements. The Commission needed to determine if the proposed terms and conditions of employment in the agreement were fair and reasonable and did not undermine the principles of the industrial relations system.

The Commission assessed the agreement against various benchmarks, including existing enterprise agreements and Fair Work Act provisions. It considered whether the agreement provided appropriate protections for employees and whether it facilitated a fair and efficient workplace. The Commission also examined whether the agreement allowed for adequate consultation and representation processes. After reviewing the evidence and arguments presented, the Commission found that the agreement was fair and reasonable and did not undermine the principles of the industrial relations system. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Specialised Concrete Pumping Aus Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025. The Commission found that the agreement appropriately balanced the interests of the employer and employees and complied with the requirements of the Fair Work Act and relevant guidelines. The decision highlights the importance of ensuring that collective agreements meet the necessary standards for approval and facilitate fair and efficient workplaces.

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