Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1696)

Preston Hire (NSW) Pty limited / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2022

Application for approval of the Preston Hire (NSW) Pty Limited / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Preston Hire (NSW) Pty Limited / CFMEU Collective Agreement 2022-2025 (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 17 June 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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 a collective agreement between Preston Hire (NSW) Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2022-2025. The application was made under the Fair Work Act 2009, and the parties contested various terms and conditions proposed in the agreement, particularly focusing on the wage rates, classification of employees, and other employment terms. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as a Registered Agreement under the Act.

The legal issues that the Commission had to address included whether the proposed agreement complied with the relevant provisions of the Fair Work Act, including the requirements for good faith bargaining and whether it provided for a fair and efficient workplace. Additionally, the Commission needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees. The parties presented arguments on the fairness and reasonableness of the proposed terms, with a particular emphasis on wage rates and job classifications.

The Fair Work Commission, in its decision, examined the evidence and submissions provided by both parties. It found that the proposed agreement met the legislative requirements for a Registered Agreement. The Commission determined that the agreement was the product of genuine good faith bargaining and that it provided for fair and efficient workplace arrangements. The Commission considered the wage rates and other employment terms to be reasonable and appropriate, taking into account the economic context and the needs of both the employer and the employees. Consequently, the Commission approved the collective agreement, setting out specific terms and conditions that would govern the employment relationship between Preston Hire (NSW) Pty Limited and the CFMEU for the specified period.

The final orders of the Fair Work Commission included the approval of the Preston Hire (NSW) Pty Limited / CFMEU Collective Agreement 2022-2025, with the agreement to be registered under the Fair Work Act. The Commission outlined the specific terms and conditions that were approved, ensuring that they were consistent with the statutory requirements and reflected a fair balance between the interests of the employer and the employees. This decision provided clarity and certainty for both parties, establishing the framework for their employment relationship for the coming years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established