Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1933)

O'Sullivan Group Engineering Pty Ltd and CFMEU Union Collective Agreement 2020–2022

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

Application for approval of the O'Sullivan Group Engineering Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of a greenfields agreement known as the O’Sullivan Group Engineering 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 4 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement with O'Sullivan Group Engineering Pty Ltd. The agreement, covering the period from 2020 to 2022, sought to establish terms and conditions of employment for employees of O'Sullivan Group Engineering. The primary focus of the application was the appropriateness and fairness of the proposed terms, particularly in relation to wages, hours of work, and other employment conditions.

The legal issues before the Commission centred on whether the collective agreement was fair and reasonable and met the requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement provided for fair wages and conditions, was free from any unfair discrimination, and complied with the relevant provisions of the Fair Work Act. The Commission also needed to consider if the agreement met the standards set by the relevant award and whether it was in the interests of the employees and the employer.

After considering submissions from both parties and relevant laws, the Commission found that the proposed collective agreement was fair and reasonable. The Commission concluded that the agreement provided for fair wages and conditions, did not include any unfair discrimination, and was in compliance with the Fair Work Act. Furthermore, the agreement was deemed to be consistent with the relevant award and was in the interests of both the employees and the employer. Consequently, the Commission approved the application for the O'Sullivan Group Engineering Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

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