Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1096)

SLG Form Pty Ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2022

Application for approval of the SLG Form Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the SLG Form Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 29 April 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between SLG Form Pty Ltd and the CFMEU. The application was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009. The primary dispute centred around the terms and conditions of the proposed agreement and whether they complied with the statutory requirements and principles of the Act.

The legal issues the court had to address included whether the agreement provided for a fair and reasonable process for resolving disputes between the parties, and if it adhered to the fundamental principles of the Act, such as promoting harmonious, productive and cooperative workplace relations. The court also had to consider whether the agreement provided for a fair and reasonable process for resolving disputes between the parties and if it complied with the requirements of the Act.

In delivering its decision, the court examined the content of the agreement and assessed it against the legislative framework. The court found that the agreement did provide for a fair and reasonable process for resolving disputes and that it complied with the fundamental principles of the Act. The court also concluded that the agreement was in accordance with the requirements of the Act and approved the application for the agreement's registration. Consequently, the court granted the application and approved the collective agreement between SLG Form Pty Ltd and the CFMEU.

The final orders of the court were that the collective agreement between SLG Form Pty Ltd and the CFMEU be approved and registered. The agreement was to be treated as a certified agreement for the period specified in the agreement, and the parties were to be bound by its terms and conditions. The court's decision provided clarity and certainty for the parties and ensured that the agreement complied with the requirements of the Fair Work Act 2009.

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