Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2280)

RTPR AUS PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JULY 2022

Application for approval of the RTPR 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 RTPR 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 22 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

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the application for approval of the RTPR AUS Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025, the Federal Court was called upon to assess the fairness and compliance of the proposed agreement with relevant industrial laws. The primary concern centred around the procedural validity of the agreement and whether it met the statutory requirements set forth by the Fair Work Act 2009. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought to have the agreement approved as a registered instrument, arguing it was negotiated in good faith and adhered to the necessary legal frameworks.

The court's task was to determine whether the agreement was made in accordance with the statutory obligations and if it was procedurally sound. Specifically, the court had to scrutinise the negotiation process, the terms of the agreement, and whether it was made in good faith. Additionally, the court had to assess whether the agreement complied with the provisions of the Fair Work Act, including provisions related to the registration of the agreement and the process of its approval.

In rendering its decision, the court examined the negotiation process and the terms of the proposed agreement. It was found that the negotiation process was conducted in good faith, and all procedural requirements were met. The terms of the agreement were also scrutinised, and it was determined that they were not contrary to public policy or industrial law. The court was satisfied that the agreement met all the statutory criteria for approval. Consequently, the court approved the agreement as a registered instrument, confirming its compliance with the relevant industrial laws and its procedural validity.

As a result of the court's decision, the RTPR AUS Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 was approved for registration. This decision provides legal certainty and recognition to the terms and conditions outlined in the agreement, ensuring that it will be enforceable under the Fair Work Act.

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