Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1709)

Bloc Operations Pty Limited / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 14 JUNE 2022

Application for approval of the Bloc Operations Pty Limited / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Bloc Operations Pty Limited / 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 21 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Bloc Operations Pty Limited. The agreement was for a period of four years, from 2019 to 2023, and covered various aspects of employment, including wages, conditions, and dispute resolution. Bloc Operations Pty Limited is a company involved in the construction industry, and the CFMEU is a trade union representing workers in various sectors, including construction. The dispute arose from the negotiation and subsequent application for approval of this collective agreement.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "good faith" agreement, if it provided for the "efficient determination" of workplace terms and conditions, and if it complied with the "better off overall test." This test requires that the employees covered by the agreement should be no worse off financially and, in some cases, better off than they would be under the applicable award or registered agreement.

The Commission found that the agreement was genuinely negotiated in good faith and provided for the efficient determination of workplace terms and conditions. It also concluded that the agreement met the better off overall test. The Commission considered the evidence provided by both parties, including the economic and operational context of the industry, and determined that the agreement offered a fair and reasonable outcome for the employees. The Commission approved the collective agreement, highlighting the importance of fair and efficient workplace agreements in maintaining harmonious industrial relations.

As a result of the Commission's decision, the Bloc Operations Pty Limited / CFMEU Collective Agreement 2019-2023 was approved and will govern the employment terms and conditions of the employees covered by the agreement for the specified period. The approval of this agreement ensures that the parties have a clear and agreed-upon framework for addressing workplace issues, promoting fair and efficient industrial relations within the construction industry.

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