Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2540)

OCC WA PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 12 AUGUST 2024

Application for approval of the OCC WA Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the OCC WA Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 11 June 2024 and the Agreement was made on 4 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 12 August 2024 and, in accordance with s.54 of the Act, will operate from 19 August 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry and Maritime Employees Union (CFMEU) and OCC WA Pty Ltd, concerning the approval of a collective agreement for the period 2024-2027. The dispute was heard in the Fair Work Commission. The central legal issue revolved around whether the terms and conditions stipulated in the proposed agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it provided for a fair and efficient workplace, and if the terms aligned with the broader objectives of the Act, such as ensuring a safety net of minimum entitlements.

The Commission examined the provisions of the agreement, including wages, working hours, leave entitlements, and dispute resolution mechanisms. It also considered submissions from both parties, focusing on the impact of the agreement on employees and the broader industrial relations environment. The Commission determined that the agreement was made in good faith and did not undermine the safety net of minimum entitlements. It found that the terms were fair and efficient, providing adequate protection for employees while allowing for reasonable flexibility for employers.

Following its analysis, the Commission approved the collective agreement, subject to specific conditions and oversight to ensure compliance. This decision underscored the importance of balancing the rights and interests of both employers and employees while adhering to the principles of the Fair Work Act. The final orders of the Commission mandated that the agreement be implemented with the stipulated conditions, providing a framework for its enforcement and review.

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