Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1003)

VARI WORKFORCE NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 APRIL 2022

Application for approval of the Vari Workforce NSW Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Vari Workforce NSW Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 26 April 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Vari Workforce NSW Pty Ltd, a private staffing agency. The dispute revolves around the approval of a proposed collective agreement between the two parties, which would cover the period from 2019 to 2023. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The Commission was tasked with determining whether the proposed agreement should be approved, as it would become a registered instrument under the Fair Work Act 2009.

The legal issues the court was required to decide involved whether the proposed agreement complied with the provisions of the Fair Work Act, specifically sections 233 and 234. These sections require that the agreement be in the public interest and not contrary to any industrial law. The court also had to consider the extent to which the agreement addressed the legitimate needs and interests of both parties, as well as the potential impact of the agreement on the workforce, industry, and economy.

The court found that the proposed agreement met the requirements set out in the Fair Work Act and was in the public interest. The agreement addressed the needs and interests of both parties, including provisions on wages, hours of work, and other employment conditions. The court also considered the potential impact of the agreement on the workforce, industry, and economy, and found that the agreement would not have any adverse effects. The Commission approved the agreement, which will now become a registered instrument under the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established