Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1105)

Cono Services Pty ltd / CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 APRIL 2022

Application for approval of the Cono Services Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Cono Services 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 matter before the Fair Work Commission was an application by Cono Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their collective agreement for the period 2019-2023. The application was brought under the Fair Work Act 2009, which allows for the approval of collective agreements that are considered to be in the best interests of the employees and employers involved.

The legal issues the court needed to consider were whether the collective agreement met the statutory requirements for approval, including whether it provided for the terms and conditions of employment that were fair and reasonable, and whether it complied with the relevant industrial instruments. The court also needed to consider whether the agreement was in the best interests of the employees and employers, and whether it promoted harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the collective agreement met the statutory requirements for approval. The court considered that the agreement provided for terms and conditions of employment that were fair and reasonable, and that it complied with the relevant industrial instruments. The court also found that the agreement was in the best interests of the employees and employers, and that it promoted harmonious, productive and cooperative workplace relations. The court approved the collective agreement and noted that it would be binding on all employees and employers covered by the agreement for the period 2019-2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established