Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2896)

ULSTER SERVICES PTY LTD T/AS E-TECH GROUP AUSTRALIA AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the Ulster Services PTY LTD T/As E-Tech Group Australia and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Ulster Services PTY LTD T/As E-Tech Group Australia and CFMEU Union Collective Agreement 2023–2027 (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 25 July 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 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 and Maritime Employees Union and that the Agreement covers this 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 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of a collective agreement with Ulster Services PTY LTD, trading as E-Tech Group Australia, covering the period from 2023 to 2027. The application was heard by the Fair Work Commission (FWC), an independent statutory body with jurisdiction to hear and determine applications and disputes concerning industrial relations matters. The CFMEU sought the Commission's approval of the collective agreement, which outlined terms and conditions of employment for workers within the scope of the agreement.

The primary legal issue before the FWC was whether the proposed collective agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement met the requirements for "registered agreements" as outlined in the Act. This involved examining whether the agreement had been made genuinely and in good faith, whether it complied with the procedural requirements, and whether it was fair and reasonable in the context of the bargaining process. The FWC also needed to determine if the agreement addressed key employment matters and provided for the resolution of any future disputes.

In reaching its decision, the FWC considered the submissions from both parties and the evidence presented. The Commission found that the agreement had been made genuinely and in good faith, and that it met all procedural requirements. The FWC also concluded that the terms of the agreement were fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the broader economic context. The agreement addressed key employment matters, including wages, hours of work, and other conditions of employment, and provided for the resolution of any future disputes through the Commission. Based on these findings, the FWC approved the collective agreement as compliant with the Fair Work Act.

The final orders of the FWC were to approve the collective agreement between Ulster Services PTY LTD and the CFMEU for the period 2023 to 2027, subject to the terms and conditions set out in the agreement. The approval was effective from the date of the Commission's decision, and both parties were required to comply with the terms of the agreement. The FWC also noted that any disputes arising from the agreement could be referred back to the Commission for resolution.

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