Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2114)

CQ Reo Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 july 2022

Application for approval of the CQ Reo Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of a greenfields agreement known as the CQ Reo Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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 13 July 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the CQ Reo Pty Ltd and CFMEU Union Collective Agreement 2020–2022. The dispute centred around the terms and conditions outlined in the agreement, with specific focus on its compliance with relevant industrial legislation and the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the public interest and met the necessary criteria for approval.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements set forth in the Fair Work Act, particularly in relation to its adherence to the good faith bargaining process and the public interest test. The Commission also considered whether the agreement was consistent with minimum workplace standards and whether it adequately addressed the needs and interests of the employees involved. Furthermore, the Commission examined if the agreement provided for a fair and efficient dispute resolution process.

The Commission examined the application in detail, assessing the evidence provided by both parties and the implications of the proposed agreement. The Commission found that the agreement met the statutory requirements under the Fair Work Act, including the good faith bargaining process. The Commission concluded that the agreement was consistent with minimum workplace standards and was in the public interest, considering the balance it struck between the interests of the employer and the employees. The Commission approved the agreement, recognising its potential to foster a fair and efficient workplace environment.

No further orders were required as the Commission's approval of the agreement concluded the proceedings.

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