Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1578)

Freshmore (NSW) PTY. LTD T/a AdvancedPrecast and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT)2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MAY 2022

Application for approval of the Freshmore (NSW) PTY. LTD T/a Advanced Precast and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (the Applicant) has made an application for approval of an enterprise agreement known as the Freshmore (NSW) PTY. LTD T/a Advanced Precast and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

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 31 March 2025.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Freshmore (NSW) PTY. LTD T/a Advanced Precast and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021. The applicant union and the employer had reached a proposed agreement, which needed the Fair Work Commission's approval for its implementation. The nature of the dispute was the formal endorsement of this agreement to ensure that it complied with the Fair Work Act 2009 and the applicable regulations.

The legal issues before the court involved the validity and enforceability of the proposed agreement. The court had to consider whether the agreement met the procedural and substantive requirements set out in the Fair Work Act. This included verifying that the agreement was genuinely negotiated, that the correct procedures were followed, and that the agreement did not contravene any provisions of the Act or other relevant laws. Additionally, the court examined whether the agreement contained fair and reasonable terms and conditions that were in line with the principles of the Act.

Upon reviewing the evidence and submissions from both parties, the court found that the proposed agreement met all the necessary criteria. The agreement was deemed to be genuinely negotiated between the union and the employer, and the correct procedures had been followed in its drafting and presentation. The court further concluded that the terms and conditions of the agreement were fair and reasonable, and did not contravene any provisions of the Act. Consequently, the court approved the Freshmore (NSW) PTY. LTD T/a Advanced Precast and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021.

In light of the court's findings, the Fair Work Commission granted the application for approval of the proposed agreement. This decision provided legal certainty for the parties involved and ensured that the agreement could be implemented as intended. The approval signified that the agreement was in compliance with the relevant laws and would provide a fair and reasonable framework for the employment relationship between the union and the employer.

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