Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1870)

Earth House Venetian Plastering Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 22 JUNE 2022

Application for approval of the Earth House Venetian Plastering Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of a greenfields agreement known as the Earth House Venetian Plastering 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). 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 29 June 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 case involved an application for approval of the Earth House Venetian Plastering Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Collective Agreement 2020-2022. The application was brought before the Fair Work Commission (FWC) by the parties involved. The nature of the dispute was the need for the FWC to assess and approve the collective agreement to ensure it complied with the requirements of the Fair Work Act 2009 (Cth).

The legal issues that the FWC had to decide included whether the agreement was in the best interests of the employees and the employer, and whether it complied with the relevant provisions of the Fair Work Act. The FWC had to consider the fairness, reasonableness, and effectiveness of the terms and conditions outlined in the agreement, including wages, working conditions, and dispute resolution mechanisms. Additionally, the FWC needed to ensure that the agreement did not unfairly disadvantage any party and that it promoted productive and harmonious workplace relations.

After examining the evidence and submissions from both parties, the FWC determined that the collective agreement was in the best interests of the employees and the employer. The FWC found that the agreement was fair, reasonable, and effective, and that it complied with the requirements of the Fair Work Act. The FWC noted that the agreement provided for adequate wages and working conditions, and that it included appropriate dispute resolution mechanisms. The FWC also found that the agreement did not unfairly disadvantage any party and that it promoted productive and harmonious workplace relations.

The FWC approved the collective agreement, subject to certain conditions and modifications to address minor concerns raised during the hearing. The parties were required to provide written confirmation of their acceptance of the approved agreement within a specified timeframe. The FWC's decision provided clarity and certainty for the parties involved and ensured that the collective agreement complied with the requirements of 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