Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2937)

MEALES CONCRETE PUMPING WA PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the Meales Concrete Pumping WA Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Meales Concrete Pumping WA Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The Agreement was made on 1 August 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

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 and Maritime Employees Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are 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.

I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2024. The nominal expiry date of the Agreement is 9 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the Meales Concrete Pumping WA Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The dispute arose from the proposed agreement between Meales Concrete Pumping and Perdaman Ceres Project regarding the employment terms and conditions of workers. The Fair Work Commission (FWC) was the court involved in this matter.

The primary legal issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was genuinely negotiated, whether it provided for fair terms and conditions, and if it complied with the process requirements for such agreements. Another consideration was whether the agreement was likely to lead to improved productivity and better workplace relations.

The FWC assessed the evidence presented by both parties and considered the terms of the agreement. It found that the agreement was genuinely negotiated between the parties and contained fair terms and conditions for the employees. The FWC also determined that the process requirements were met, and the agreement was likely to improve productivity and workplace relations. Consequently, the FWC approved the Meales Concrete Pumping WA Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The court noted that this decision was based on the specific circumstances of the case and would not necessarily apply to other agreements.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established