Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/850)

Major Furnace Australia Pty Ltd and the CFMMEU Agreement 2021-2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 5 APRIL 2022

Application for approval of the Major Furnace Australia Pty Ltd and the CFMMEU Agreement 2021-2023.

The Construction, Forestry, Maritime, Mining and Energy Union have applied for approval of a single enterprise agreement known as the Major Furnace Australia Pty Ltd and the CFMMEU Agreement 2021-2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 12 April 2022. The nominal expiry date of the Agreement is 31 December 2024.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for an agreement between Major Furnace Australia Pty Ltd and the union. The agreement in question was for the period of 2021 to 2023 and aimed to regulate various aspects of employment between the parties. The primary legal issues that the Commission had to address were whether the agreement met the criteria for approval as set out in the Fair Work Act 2009, specifically focusing on the agreement's compliance with the "better off overall test" and its fairness towards employees.

The Commission first examined whether the proposed agreement provided employees with a better overall package than the applicable award or existing enterprise agreement. It assessed the financial and non-financial benefits offered by the agreement, considering factors such as wages, leave entitlements, and other conditions of employment. The Commission also considered the extent to which the agreement facilitated flexibility and productivity in the workplace while ensuring that employees were not adversely affected. Furthermore, the Commission evaluated the agreement's provisions on dispute resolution mechanisms and the protection of employees' rights.

Upon review, the Commission concluded that the agreement met the necessary criteria for approval. The Commission found that the agreement provided employees with improved terms and conditions of employment, including wage increases and enhanced leave entitlements, which were considered better than those provided by the applicable award. The agreement also included provisions that facilitated flexibility and productivity without compromising employees' rights and interests. The Commission was satisfied that the agreement was fair and balanced, offering benefits to both parties while protecting the rights of employees. Consequently, the Commission approved the Major Furnace Australia Pty Ltd and the CFMMEU Agreement 2021-2023.

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