Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2102)

CF Group Piling QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 July 2022

Application for approval of the CF Group Piling QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of a greenfields agreement known as the CF Group Piling QLD 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement with CF Group Piling QLD Pty Ltd. The application was heard by the Fair Work Commission. The dispute involved whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Union argued that the agreement was fair and reasonable, while the employer raised concerns about the financial implications of the proposed terms.

The Commission was required to determine if the collective agreement met the criteria for approval under section 233 of the Act. This involved assessing whether the agreement promoted harmonious, productive and equitable workplace relations and whether it was fair and reasonable. The Commission also had to consider the implications of the agreement for the employees and the employer, including its impact on the business and the workforce.

In its decision, the Commission found that the agreement was fair and reasonable. The Commission noted that the agreement provided for a range of benefits for the employees, including improved pay and conditions, while also allowing the employer to maintain a competitive business. The Commission concluded that the agreement promoted harmonious, productive and equitable workplace relations and was in the best interests of the employees and the employer. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission approved the CF Group Piling QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022. The decision provides guidance for employers and unions when negotiating collective agreements and highlights the importance of promoting harmonious, productive and equitable workplace relations.

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