Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1960)

Ozepoxy Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 JUNE 2022

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

An application has been made for approval of an enterprise agreement known as the Ozepoxy Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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 5 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Ozepoxy Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the years 2020 to 2022. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. Ozepoxy Pty Ltd did not oppose the application but sought certain amendments to the agreement.

The central legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act, including that it be in writing, contain certain mandatory terms, and not discriminate against employees or prospective employees. Additionally, the court had to consider whether the agreement met the criteria for being a registered agreement and whether any amendments proposed by the employer were reasonable and necessary.

In deciding the application, the Fair Work Commission considered the content of the proposed agreement, the submissions of both parties, and relevant legal principles. The Commission found that the agreement was in writing and contained all the mandatory terms required by the Act. It also found that the agreement did not discriminate against employees or prospective employees and met the criteria for being a registered agreement. The Commission approved the agreement with minor amendments as proposed by Ozepoxy Pty Ltd, which did not significantly alter the nature of the agreement. The Commission considered the amendments reasonable and necessary to ensure the agreement was fair and compliant with the Act.

The Fair Work Commission approved the Ozepoxy Pty Ltd and CFMEU Union Collective Agreement 2020–2022 with minor amendments. The approval was effective from the date of the decision, and the agreement became a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established