Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2063)

Moonyah Workforce Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Greenfields Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 7 JULY 2022

Application for approval of the Moonyah Workforce Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Greenfields Agreement 2022.

An application has been made for approval of a greenfields agreement known as the Moonyah Workforce Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Greenfields Agreement 2022 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the 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 and The Australian Workers’ Union are 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 The Australian Workers’ Union and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2022. The nominal expiry date of the Agreement is 6 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Workers' Union (AWU) filed an application for the approval of a new enterprise agreement with Moonyah Workforce Pty Ltd. The agreement, known as the Moonyah Workforce Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Greenfields Agreement 2022, seeks to establish terms and conditions for employees in the Metronet and Civil Projects sectors. The Commission was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act, particularly regarding the procedural fairness and the absence of any prohibited content. The Commission needed to examine if the agreement was made in good faith, if the parties had genuinely attempted to negotiate in good faith, and if the agreement contained any provisions that were contrary to public policy or contrary to the protections afforded by the Act. Additionally, the Commission had to consider whether the agreement had been certified by the Australian Bureau of Statistics as meeting the better off overall test.

The Commission concluded that the agreement met all the necessary criteria for approval. It found that the agreement was made in good faith and that the parties had genuinely attempted to negotiate in good faith. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or the protections of the Act. Furthermore, the Commission was satisfied that the agreement had been certified by the Australian Bureau of Statistics as meeting the better off overall test. Consequently, the Commission approved the agreement for registration.

In light of the findings, the Commission registered the Moonyah Workforce Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Greenfields Agreement 2022. The agreement will now govern the employment terms and conditions of the employees in the Metronet and Civil Projects sectors, providing a framework for their remuneration, working conditions, and other employment-related matters.

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