Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2511)

GALLAGHER STRUCTURES PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027.

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2024

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

Gallagher Structures Pty Ltd (Gallagher) has made an application for approval of an enterprise agreement known as the Gallagher Structures Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act). This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. The Agreement is made by an employer with an organisation and relates to a genuine new enterprise that the employer is establishing. The enterprise will undertake on-site construction work in Western Australia below the 26^th parallel. The company has not employed any employees who will be necessary for the normal conduct of the enterprise and who will be covered the Agreement.

In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union (CFMEU) 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. This is evident from the classification structure in the Agreement and the coverage of the CFMEU’s registered rules. I am also satisfied that in all the circumstances it is in the public interest to approve the Agreement, including because the Agreement provides for wages and conditions that are in line with those found in the industry in the relevant area and will be conducive to harmonious industrial relations. I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application has been met. I am therefore required to approve the Agreement, and I do so.

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 sought approval of a collective agreement with Gallagher Structures Pty Ltd. The agreement, spanning from 2024 to 2027, was submitted for endorsement to ensure it met the statutory requirements and was fair and reasonable. The nature of the dispute centred on specific terms and conditions related to wages, working hours, and other employment-related matters.

The primary legal issue the commission had to address was whether the collective agreement complied with the Fair Work Act 2009 and was fair and reasonable in all its aspects. This involved an assessment of the agreement's adherence to relevant provisions, including minimum standards for wages, leave entitlements, and procedural fairness. The commission also had to ensure that the agreement did not contain any terms that were contrary to public policy or would undermine the rights of employees.

The commission examined the agreement in detail, considering submissions from both parties. It evaluated the fairness of the terms, taking into account the bargaining positions of the employer and the union, as well as the broader economic context. The commission found that the agreement met the statutory requirements and was fair and reasonable. The agreement was approved, providing a framework for the employment relationship between Gallagher Structures Pty Ltd and the union for the specified period.

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