Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1824)

STEEL CITY FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the Steel City Formwork Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Steel City Formwork Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 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 matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement with Steel City Formwork Pty Ltd, covering the period from 2019 to 2023. The case was heard in the Fair Work Commission, which has jurisdiction over such disputes under the Fair Work Act 2009. The CFMEU sought to have the agreement, which it had negotiated with the employer, recognised as a lawful and binding document. This would ensure that the terms and conditions outlined within the agreement would be enforceable against both the employer and the union's members.

The primary legal issues before the court were whether the agreement complied with the statutory requirements set forth in the Fair Work Act and whether the union had followed the necessary procedures in negotiating and finalising the agreement. Specifically, the court had to examine whether the agreement was made in good faith, whether it contained the necessary provisions for the protection of employees' rights, and whether it adhered to the relevant provisions of the Act regarding collective bargaining. Additionally, the court needed to ensure that the union had taken appropriate steps to inform its members about the agreement and that it had allowed for sufficient consultation and participation in the bargaining process.

The court found that the CFMEU had adhered to the necessary statutory requirements in negotiating and finalising the agreement. The court determined that the union had acted in good faith, as evidenced by the thorough consultation process and the willingness to engage in negotiations with the employer. Furthermore, the agreement contained the necessary provisions to protect the rights of employees, including provisions for minimum wages, working conditions, and dispute resolution mechanisms. The court also found that the union had appropriately informed its members about the agreement and had provided them with an opportunity to participate in the decision-making process. Consequently, the court approved the collective agreement, recognising it as a lawful and binding document.

In approving the agreement, the court emphasised the importance of collective bargaining in promoting fair and equitable working conditions. The court also highlighted the need for both employers and unions to engage in good-faith negotiations and to adhere to the statutory requirements set forth in the Fair Work Act. The final orders of the court included the approval of the Steel City Formwork Pty Ltd / CFMEU Collective Agreement 2019-2023, which would now serve as a binding document governing the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established