Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1563)

Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2022

Application for approval of the Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021

The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) has made an application for approval of an enterprise agreement known as Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

Clause 38.2 relating to family and domestic violence leave could be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 4.5 is deemed sufficient to resolve this NES concern.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Construction, Forestry, Maritime, Mining and Energy Union, sought approval of the Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021 from the Fair Work Commission. The agreement was designed to regulate the terms and conditions of employment for employees of Chase Construction in the ACT. The primary dispute centred around the interpretation and compliance of the proposed agreement with relevant industrial laws and regulations. The Commission was tasked with ensuring that the agreement met all necessary legal requirements and did not contravene any provisions of the Fair Work Act 2009.

The key legal issues the court had to address included whether the agreement provided adequate protections for employees, whether it complied with the Fair Work Act's provisions, and if the agreement had been fairly negotiated. The Commission needed to examine if the agreement met the standards of procedural fairness and whether it offered fair and reasonable terms for the employees. Additionally, the court had to determine if the union had adequately represented the interests of the employees in the negotiation process.

After a thorough review, the Fair Work Commission found that the agreement was fairly negotiated and met all legal requirements. The Commission was satisfied that the agreement provided adequate protections for the employees and did not contravene any provisions of the Fair Work Act. The Commission approved the Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021, ensuring that it would now govern the terms and conditions of employment for the employees of Chase Construction in the ACT.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established