Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1826)

The Trustee for Robertson Coatings ATF The Adam Robertson Family Trust / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 21 JUNE 2022

Application for approval of The Trustee for Robertson Coatings ATF The Adam Robertson Family Trust / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as The Trustee for Robertson Coatings ATF The Adam Robertson Family Trust / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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 Construction, Forestry, Maritime, Mining and Energy Union 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 organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The present matter arose from an application by the trustee for the Robertson Coatings ATF The Adam Robertson Family Trust to the Fair Work Commission for the approval of a collective agreement between the parties. The dispute was heard and determined by the Fair Work Commission, a specialist industrial relations tribunal in Australia. The applicant, The Trustee for Robertson Coatings ATF The Adam Robertson Family Trust, sought approval for a collective agreement that had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU contested the application, raising objections to certain provisions within the agreement.

The legal issues that the Commission had to decide involved whether the proposed collective agreement complied with the requirements of Australian industrial relations law, particularly sections of the Fair Work Act 2009. The primary focus was on whether the agreement contained any provisions that were contrary to public policy, were otherwise unlawful, or failed to meet the necessary standards for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement had been made in good faith and whether the process leading to the agreement was fair.

The Fair Work Commission examined the agreement in detail, assessing each contested provision against the statutory criteria. The Commission found that several provisions in the agreement did not meet the requirements of the Act. It was determined that these provisions were contrary to public policy and, as such, could not be approved. The Commission also found that the process leading to the agreement was not entirely fair, impacting the overall validity of the agreement. As a result, the application for approval was dismissed.

The Fair Work Commission ordered that the application for approval of the CFMEU Collective Agreement 2019-2023 be dismissed. The Commission highlighted the importance of ensuring that all collective agreements are compliant with the law and that the process leading to their creation is fair and transparent. This decision underscores the need for careful consideration of the terms and conditions in any collective agreement to avoid potential legal issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established