Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1707)

One Star Group Pty. Ltd. and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 6 JULY 2022

Application for approval of the One Star Group Pty. Ltd. and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021.

Construction, Forestry, Maritime, Mining and Energy Union (105N) (CFMMEU) has made an application for the approval of the One Star Group Pty. Ltd. and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The CFMMEU was a bargaining representative for the Agreement and 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 CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2022. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the One Star Group Pty. Ltd. and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought the Fair Work Commission's approval of the enterprise agreement, which was negotiated between the union and the employer. The application arose in the context of the Fair Work Act 2009, which governs the terms and conditions of employment in Australia.

The legal issues before the Court involved whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Court had to determine whether the agreement contained all the mandatory terms prescribed by the Act, whether it was free from prohibited content, and whether the agreement was negotiated in good faith. The Court also had to consider whether the agreement was appropriately certified by the Commission.

In its decision, the Court found that the enterprise agreement met the statutory requirements. The Court determined that the agreement contained all the mandatory terms, was free from prohibited content, and had been negotiated in good faith. The Court also found that the agreement had been appropriately certified by the Commission. Accordingly, the Court approved the enterprise agreement, and it will now form the basis of the terms and conditions of employment for the employees of One Star Group Pty. Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established