Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1869)

FC QUEENSLAND PTY LTD T/AS FIRMCRETE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

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

Application for approval of the FC Queensland Pty Ltd T/As Firmcrete Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of a greenfields agreement known as the FC Queensland Pty Ltd T/As Firmcrete 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 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

In the matter of an application for approval of a collective agreement, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the FC Queensland Pty Ltd T/As Firmcrete Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The applicant union contended that the agreement contained provisions that were in the best interests of the employees and should be approved under the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The central legal issue for the Commission to determine was whether the provisions of the proposed agreement were in the best interests of the employees. This involved assessing whether the agreement contained any provisions that could be considered detrimental to the employees and whether any such provisions were outweighed by other benefits provided by the agreement. The Commission also needed to consider whether the agreement complied with any relevant legislative provisions and whether it was consistent with the principles of the Fair Work Act.

In assessing the application, the Commission examined the provisions of the agreement and considered submissions from both the union and the employer. The Commission found that while some provisions of the agreement were beneficial to the employees, others could potentially be detrimental. However, the Commission concluded that the overall balance of the agreement was in the best interests of the employees. The Commission also found that the agreement complied with the relevant legislative provisions and was consistent with the principles of the Fair Work Act. As a result, the Commission approved the agreement.

The Fair Work Commission approved the FC Queensland Pty Ltd T/As Firmcrete Pty Ltd and CFMEU Union Collective Agreement 2020-2022, finding that the overall balance of the agreement was in the best interests of the employees. The Commission's decision was based on a thorough examination of the agreement's provisions and consideration of submissions from both parties. The approval of the agreement means that it will now be legally binding on the employer and the employees covered by 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