Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1736)

Alorra Piling (NSW) Pty Ltd / CFMEU Collective Agreement 2021-2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 15 JUNE 2022

Application for approval of the Alorra Piling (NSW) Pty Ltd / CFMEU Collective Agreement 2021-2024

An application has been made for approval of a greenfields agreement known as the Alorra Piling (NSW) Pty Ltd / CFMEU Collective Agreement 2021-2024 (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 22 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 involved an application for the approval of a collective agreement between Alorra Piling (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed collective agreement complied with the necessary legal standards and whether it should be approved. This included assessing if the agreement contained any provisions that were contrary to public policy or that had been made without genuine consultation between the parties.

The Commission carefully examined the agreement to ensure that it did not include any unfair or unreasonable terms. It considered whether the agreement was made in good faith and whether it complied with the requirements of the Fair Work Act. The Commission also evaluated whether the agreement provided a fair and reasonable outcome for both the employer and the employees. In reaching its decision, the Commission took into account the submissions from both parties, the nature of the industry, and the need to balance the rights of employers and employees.

After considering all the evidence and submissions, the Commission concluded that the proposed agreement was fair and reasonable. It found that the agreement was made in good faith and did not contain any terms that were contrary to public policy. The Commission approved the agreement, recognising the need to support fair and effective industrial relations practices within the industry. This decision ensures that the terms of the agreement will provide a stable and equitable framework for the employment relationship between Alorra Piling (NSW) Pty Ltd and the CFMEU for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established