Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1569)

TILTON (QLD) PTY LTD AND CFMEU UNION COLLECTIVEAGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JUNE 2022

Application for approval of the Tilton (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of a greenfields agreement known as the Tilton (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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 9 June 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of a collective agreement between Tilton (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020–2022. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved and registered. The legal issues before the FWC centred on whether the collective agreement complied with the provisions of the Fair Work Act 2009, including whether it was made in good faith and covered terms that were consistent with the national system for the resolution of industrial matters. The FWC examined the processes involved in the agreement's creation, the bargaining positions of the parties, and the specific terms of the agreement itself. The FWC concluded that the agreement was made in good faith and contained terms that were consistent with the national system for the resolution of industrial matters. The FWC found that the agreement was fair and reasonable, and approved and registered it. The FWC noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The FWC also found that the agreement contained provisions that were consistent with the objectives of the national system for the resolution of industrial matters, including provisions for dispute resolution and the protection of workers' rights. The final orders of the FWC were that the Tilton (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022 be approved and registered. The FWC's decision provides guidance on the factors that it will consider when determining whether to approve and register a collective agreement. The FWC's decision also highlights the importance of good faith bargaining and the need for collective agreements to be consistent with the national system for the resolution of industrial matters.

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