Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1936)

EUROLINE PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2022

Application for approval of the Euroline Pty Limited / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Euroline Pty Limited / CFMEU Collective Agreement 2019-2023 (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 4 July 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Euroline Pty Limited / CFMEU Collective Agreement 2019-2023. Euroline Pty Limited, a company involved in construction and related industries, entered into a collective agreement with the union, which sought to regulate various employment terms and conditions for its members. The primary issue before the court was whether the terms of the agreement complied with relevant industrial legislation and if it was fair and reasonable for the employees it covered.

The court considered several key legal issues, including whether the agreement contained terms that were contrary to public policy, whether it unfairly disadvantaged any employees, and if it provided appropriate mechanisms for dispute resolution. The court examined the specific clauses in the agreement, including those related to wages, hours of work, leave entitlements, and the process for resolving disputes. The court also assessed the negotiation process and whether the agreement was genuinely negotiated between the parties.

In its decision, the court found that the Euroline Pty Limited / CFMEU Collective Agreement 2019-2023 was compliant with relevant industrial laws and was fair and reasonable. The court concluded that the agreement did not contain any terms that were contrary to public policy and that it did not unfairly disadvantage any employees. The court also determined that the agreement provided adequate mechanisms for resolving disputes and that it was the product of genuine negotiations between the parties. As a result, the court approved the agreement, enabling it to be formally registered and enforced.

The court's final order was the approval of the Euroline Pty Limited / CFMEU Collective Agreement 2019-2023, allowing it to take effect and be binding on the parties involved. The agreement was to be registered with the relevant industrial authority, and it would govern the employment terms and conditions of the union members employed by Euroline Pty Limited for the duration of 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