Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1410)

Structural Reinforcements Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2022

Application for approval of the Structural Reinforcements Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

An application has been made for approval of a greenfields agreement known as the Structural Reinforcements Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (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 27 April 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Structural Reinforcements Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021-2025. The parties to the dispute were Structural Reinforcements Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The disagreement centred on the terms of the proposed collective agreement, particularly in relation to the classification and remuneration of employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations, and whether it met the standard of being in the interests of the employees and employers. This included examining whether the agreement provided for appropriate minimum rates of pay and conditions, and whether it contained provisions that were fair and reasonable. The Commission also needed to consider whether the agreement had been negotiated in good faith and whether it appropriately balanced the interests of both parties.

In its decision, the Fair Work Commission found that the proposed agreement was largely compliant with the statutory requirements. It acknowledged that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum rates of pay and other employment conditions. The Commission noted that the agreement had been negotiated in good faith and that it appropriately balanced the interests of both the employers and the employees. After considering the submissions and evidence presented by both parties, the Commission concluded that the agreement met the necessary criteria for approval and was in the interests of both the employees and the employer.

Accordingly, the Fair Work Commission approved the Structural Reinforcements Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021-2025, confirming its compliance with the Fair Work Act and Regulations. The Commission's decision emphasised the importance of fair and reasonable terms in collective agreements, and its role in balancing the interests of employers and employees. The approval of this agreement sets a precedent for similar collective agreements in the industry, highlighting the Commission's commitment to ensuring that agreements are in the best interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established