Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1934)

O'Sullivan Group Engineering Pty Ltd and CFMEU MinorCivil Construction Union Collective Agreement 2021 - 2025

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

Application for approval of the O'Sullivan Group Engineering Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

An application has been made for approval of a greenfields agreement known as the O’Sullivan Group Engineering Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, 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(1) of the Act, will operate from 4 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicants sought approval of the O'Sullivan Group Engineering Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025. The dispute involved whether the terms of the collective agreement complied with the relevant industrial legislation and whether the agreement was appropriately negotiated. The case was heard in the Fair Work Commission.

The central legal issues that the court needed to address were whether the collective agreement was genuinely negotiated between the parties, and if the terms of the agreement complied with the provisions of the Fair Work Act 2009. The court was required to examine the negotiation process, the content of the agreement, and its compliance with the legislative framework.

The court found that the agreement was genuinely negotiated between the parties and that the terms of the agreement were consistent with the requirements of the Fair Work Act 2009. The court emphasised the importance of the negotiation process and the need for agreements to be made in good faith. The court also highlighted the need for the terms of the agreement to be fair and reasonable, and to comply with the relevant legislative provisions. The court approved the collective agreement, finding that it met the necessary standards for approval under the Fair Work Act 2009.

The Fair Work Commission approved the O'Sullivan Group Engineering Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025, finding that it was genuinely negotiated and complied with the relevant industrial legislation. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are protected and regulated under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established