Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2016)

Alorra Piling Qld Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2022

Application for approval of the Alorra 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 Alorra 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 7 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 case involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Alorra Piling Qld Pty Ltd for the period 2020-2022. The application was heard by the Fair Work Commission (FWC) in Australia. The CFMEU sought approval for the agreement, which contained provisions for various working conditions and employee benefits.

The central legal issues before the FWC were whether the proposed agreement was in compliance with the Fair Work Act 2009 and if it met the standards set by the FWC for approval. The CFMEU argued that the agreement was fair and reasonable, providing necessary protections and benefits to the employees, while Alorra Piling Qld Pty Ltd contended that certain provisions were unreasonable and not in the best interest of the business. The court had to determine if the agreement was consistent with the principles of procedural fairness and if it provided for minimum terms and conditions as required by the legislation.

The FWC assessed the agreement, focusing on the fairness and reasonableness of its provisions. The court determined that the agreement generally met the requirements of the Fair Work Act, and while some provisions were contentious, they did not exceed the bounds of what was considered fair and reasonable. The FWC approved the collective agreement with some minor amendments to address concerns raised by Alorra Piling Qld Pty Ltd. The court found that the benefits provided by the agreement outweighed any potential detriments to the business.

The FWC's final orders included the approval of the collective agreement with the stipulated amendments, ensuring compliance with the Fair Work Act and maintaining a balance between the rights and obligations of both parties. The court's decision upheld the importance of collective bargaining while ensuring that the agreement served the best interests of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established