Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1508)

Built QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022

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

Application for approval of the Built QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Built QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 6 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 matter before the Fair Work Commission involved an application for the approval of a proposed collective agreement between Built QLD Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions outlined in the collective agreement, which sought to govern the employment relationship between the employer and the union. The Fair Work Commission was tasked with determining whether the proposed agreement was appropriate for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement provided for appropriate mechanisms to resolve workplace disputes, whether the agreement complied with minimum entitlements as set out in the Fair Work Act, and whether the agreement would have an adverse effect on the business of the employer. The Commission also needed to consider whether the agreement was consistent with the principles of good faith bargaining and whether it contained provisions that were necessary for the proper operation of the business.

The Fair Work Commission found that the proposed agreement contained provisions that were necessary for the proper operation of the employer's business. The Commission determined that the agreement provided for appropriate mechanisms to resolve workplace disputes and that it complied with the minimum entitlements set out in the Fair Work Act. The Commission also concluded that the agreement did not have an adverse effect on the business of the employer and that it was consistent with the principles of good faith bargaining. The Commission approved the proposed agreement, subject to certain modifications, which addressed concerns regarding the clarity and fairness of certain provisions.

The Fair Work Commission approved the Built QLD Pty Ltd and CFMEU Union Collective Agreement 2020-2022, with modifications to certain provisions. The modifications ensured that the agreement contained clear and fair provisions, and addressed any concerns regarding the appropriate mechanisms for resolving workplace disputes and compliance with minimum entitlements. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by a legally binding document, which provides certainty and stability to both the employer and the employees.

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