Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2018)

Freo Group Pty Ltd (Mt Thorley Depot) / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 30 JUNE 2022

Application for approval of the Freo Group Pty Ltd (Mt Thorley Depot) / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Freo Group Pty Ltd (Mt Thorley Depot) / CFMEU Collective Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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 Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, 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 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 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for approval of the Freo Group Pty Ltd (Mt Thorley Depot)/CFMEU Collective Agreement 2022-2025. The application was made under the Fair Work Act 2009 (Cth) and was heard in the Fair Work Commission. The CFMEU sought the approval of the collective agreement to ensure it was compliant with the relevant legislation and to facilitate the agreement's operation between the employer and the employees. The Freo Group Pty Ltd, while not formally a party to the application, was bound by the agreement's terms as it was a signatory.

The court had to determine whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009 (Cth). This included examining the agreement's provisions to ensure they did not undermine the minimum protections set out in the Act, such as the right to request flexible working arrangements and the prohibition of discriminatory conduct. Additionally, the court had to verify that the agreement was made in good faith and that it provided for the proper registration of the agreement with the Fair Work Commission.

The Fair Work Commission reviewed the collective agreement clause by clause and found that it complied with the Fair Work Act 2009 (Cth). The agreement contained provisions that aligned with the minimum standards and did not include any terms that would undermine these protections. The Commission also confirmed that the agreement was made in good faith and that it provided for the necessary registration process. Consequently, the application for approval was successful.

The Fair Work Commission approved the Freo Group Pty Ltd (Mt Thorley Depot)/CFMEU Collective Agreement 2022-2025, effective from 1 July 2022. The approval ensures that the agreement is legally binding and can be enforced by the parties involved. This decision provides clarity and certainty to both the employer and the employees regarding their rights and obligations under the agreement.

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