Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1860)

Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 JUNE 2022

Application for approval of the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2021

Construction, Forestry, Maritime, Mining and Energy Union (the CFMEU) has made an application for approval of an enterprise agreement known as the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

The application was not lodged within 14 days after the Agreement was made. The CFMEU provided submissions at question 1.4 of the Form F16 as to the explanation for the late lodgment. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 21 June 2022 and, in accordance with s 54, will operate from 28 June 2022. The nominal expiry date of the Agreement is 1 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2021. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the enterprise agreement, which was negotiated between the union and the employer. The legal issues central to this case revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for minimum terms and conditions, allowed for flexibility and enterprise flexibility arrangements, and complied with procedural requirements. The Commission had to determine if the agreement contained all mandatory terms and if it was made in good faith and without coercion.

The Commission examined the provisions of the agreement to ensure they aligned with the legislative requirements. It confirmed that the agreement provided for minimum terms and conditions of employment, allowed for flexibility and enterprise flexibility arrangements, and satisfied procedural requirements. The Commission found that the agreement was made in good faith and without coercion, and it contained all the mandatory terms as stipulated by the Fair Work Act 2009. Consequently, the Commission approved the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2021.

In its decision, the Commission approved the enterprise agreement, finding it met all statutory requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it complied with the procedural and substantive provisions of the Fair Work Act 2009. The Commission concluded that the agreement was made in good faith and without coercion, and it contained all mandatory terms. As such, the agreement was approved and registered under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established