Construction, Forestry and Maritime Employees Union

[2024] FWCA 3370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3596)

TRAINO GROUP AUSTRALIA PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2024

Application for approval of the Traino Group Australia Pty Limited / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Traino Group Australia Pty Limited / CFMEU Collective Agreement 2024-2027 (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 and Maritime Employees Union. The Agreement is a single enterprise agreement.

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 notification time for the Agreement under s.173(2) was 28 May 2024 and the Agreement was made on 29 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 and Maritime Employees 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 2 October 2024. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of a collective agreement between Traino Group Australia Pty Limited and the union. The agreement in question covers the period from 2024 to 2027 and aims to regulate various employment terms and conditions for workers employed by Traino Group Australia. The application was brought under the Fair Work Act 2009, which mandates that certain collective agreements must be approved by the Commission before they can be enforced.

The primary legal issues the Commission had to address were whether the collective agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Regulations 2010. Specifically, the Commission needed to determine if the agreement was made in good faith, if it met the requirements for simplification and transparency, and if it contained terms that were not contrary to public policy or contrary to the public interest. Additionally, the Commission assessed whether the agreement was fair and reasonable in all its aspects, taking into account the needs of employees and employers.

The Fair Work Commission found that the agreement met the legislative requirements for approval. The Commission considered the evidence provided by both parties, including submissions on the negotiation process and the content of the agreement. It concluded that the agreement was made in good faith, contained provisions that were fair and reasonable, and did not contravene any public policy or public interest considerations. The Commission also found that the agreement was sufficiently transparent and complied with the simplification requirements under the Fair Work Act.

As a result, the Commission approved the Traino Group Australia Pty Limited / CFMEU Collective Agreement 2024-2027. The agreement will now be binding on the parties and enforceable, subject to the terms and conditions set out within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established