Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1829)

Geotech Pty Ltd / CFMEU NSW Collective Agreement 2022-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 23 JUNE 2022

Application for approval of the Geotech Pty Ltd / CFMEU NSW Collective Agreement 2022-2024

An application has been made for approval of an enterprise agreement known as the Geotech Pty Ltd / CFMEU NSW Collective Agreement 2022-2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union (Applicant). The Agreement is a single enterprise agreement.

On the material before the Commission, it does not appear that employees were notified of the vote at least seven clear days before voting commenced contrary to s 180(3) of the Act. In the circumstances, having regard to the material before the Commission and noting that all of the employees proposed to be covered by the Agreement voted in favour of the Agreement, I am satisfied that:

(a) this constitutes a minor procedural or technical error for the purposes of s 188(2)(a); and
(b) The employees to be covered by the agreement were not likely to have been disadvantaged by the error.[1]

Accordingly, I am satisfied that the Agreement was genuinely agreed to within the meaning of s 188(2) of the Act. I am also satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Applicant, 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 Applicant.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union and Geotech Pty Ltd, the Fair Work Commission was tasked with approving a collective agreement between the union and the employer for the years 2022 to 2024. The primary focus of the dispute was the terms and conditions stipulated in the agreement, which the union sought to have ratified by the Commission.

The central legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning the good faith bargaining process and the terms and conditions of employment. The Commission had to consider whether the agreement was made in good faith and if it provided for a fair and efficient workplace, as mandated by the Act.

In its decision, the Commission examined the evidence presented by both parties regarding the bargaining process and the substantive terms of the agreement. The Commission concluded that the agreement was made in good faith and that it provided for fair and efficient workplace terms and conditions. The Commission found that the agreement met the necessary statutory requirements, and it approved the collective agreement. The Commission's decision was based on the thorough analysis of the evidence and the statutory framework governing industrial agreements in Australia.

As a result of the Commission's approval, the Geotech Pty Ltd / CFMEU NSW Collective Agreement 2022-2024 is now legally binding on the parties and their respective members. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave entitlements, and other employment-related matters. The approval of the agreement ensures that the rights and obligations of the parties are clearly defined and that any disputes that may arise can be resolved in accordance with the terms of the agreement and the relevant industrial laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established