Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2293)

MARR CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JULY 2022

Application for approval of the Marr Contracting Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Marr Contracting Pty Ltd / CFMEU Collective Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the 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 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Marr Contracting Pty Ltd, who sought approval of a collective agreement spanning 2022 to 2025. The agreement aimed to establish terms and conditions of employment for employees working in various sectors represented by the CFMEU. The Fair Work Commission, under the Fair Work Act 2009, was tasked with evaluating whether the proposed agreement met the necessary legal standards and whether it should be approved for registration. The central legal issues revolved around the agreement's compliance with the statutory requirements set out in the Fair Work Act, including whether the agreement addressed minimum entitlements, allowed for appropriate bargaining, and did not contain any unfair provisions. The Commission considered submissions from both parties, along with relevant industry standards and precedents.

The Fair Work Commission examined the proposed agreement in light of the Fair Work Act, ensuring that it contained provisions for minimum wages and conditions, allowed for genuine collective bargaining, and did not unfairly disadvantage any party. The Commission also considered whether the agreement adequately addressed dispute resolution mechanisms and other workplace issues. After reviewing the submissions and the content of the agreement, the Commission concluded that the proposed agreement largely complied with the statutory requirements and was fair and reasonable. The Commission found that the agreement provided for adequate minimum entitlements, allowed for effective collective bargaining, and contained appropriate dispute resolution processes. The Commission also noted that the agreement did not contain any unfair or unreasonable provisions that would warrant disapproval.

Following its analysis, the Fair Work Commission approved the Marr Contracting Pty Ltd / CFMEU Collective Agreement 2022-2025, registering it as a valid and binding agreement between the parties. The Commission's decision was based on the conclusion that the agreement met the necessary legal standards and was fair and reasonable, providing for appropriate terms and conditions of employment for the employees covered by the agreement. The final orders included the registration of the collective agreement, which would now serve as a legally binding contract between Marr Contracting Pty Ltd and the CFMEU for the specified period.

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