Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1577)

Buildgroup Aus Services Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2022

Application for approval of the Buildgroup Aus Services Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Buildgroup Aus Services 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). 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 10 June 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Buildgroup Aus Services Pty Ltd for the period 2019 to 2023. The agreement was designed to govern the terms and conditions of employment for employees within the specified industry sectors. The primary dispute centred around the agreement's compliance with the Fair Work Act 2009 and its adherence to relevant industrial standards and principles. The court had to determine whether the terms of the agreement were fair and reasonable, and if they met the statutory requirements for endorsement.

The central legal issue was whether the collective agreement met the criteria for being deemed a "registerable" agreement under the Fair Work Act. This involved scrutinising the agreement's provisions to ensure they were not contrary to public policy, did not undermine the protection of employees' rights, and were in line with the broader objectives of the Act. Additionally, the court examined whether the agreement appropriately balanced the interests of both the employer and the employees, and if it provided adequate safeguards and protections for workers.

In reaching its decision, the Fair Work Commission considered the provisions of the agreement against the statutory benchmarks set out in the Fair Work Act. The court found that the agreement generally adhered to the requirements of the Act, offering a fair and reasonable framework for employment conditions. It determined that the agreement was not contrary to public policy, provided adequate protections for employees, and balanced the interests of both parties. Consequently, the court approved the collective agreement, finding it to be compliant with the legislative standards.

The final orders of the court approved the Buildgroup Aus Services Pty Ltd / CFMEU Collective Agreement 2019-2023, subject to the terms and conditions specified in the agreement. The approval was contingent on the agreement being registered with the Fair Work Commission, thereby formalising its status as a legally binding instrument between the parties. This decision ensured that the agreement would govern the employment conditions of the relevant workers for the stipulated period, subject to any further negotiations or amendments in line with the Act.

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