Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2439)

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

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 15 JULY 2024

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

The Construction, Forestry and Maritime Employees Union has made an application for the approval of an enterprise agreement known as the RAC Glazing Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). 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 section 173(2) was 12 March 2024 and the Agreement was made on 21 June 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 sections 186, 187, and 188, as are relevant to this application for approval, have been met.

Clause 5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Construction, Forestry and Maritime Employees Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 July 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval from the Fair Work Commission for the RAC Glazing Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027. The primary dispute involved the terms and conditions of employment for workers under this agreement, particularly the classification and remuneration of employees. The matter was heard and determined by the Fair Work Commission, an independent statutory body with jurisdiction over employment matters in Australia.

The central legal issues addressed by the Commission were whether the terms of the agreement complied with the Fair Work Act 2009, particularly in relation to the classification of employees and their remuneration. The Commission needed to ensure that the agreement met the requirements for "being in the public interest" under section 234 of the Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was likely to promote harmonious, productive and cooperative workplace relations.

In rendering its decision, the Commission examined the provisions of the agreement in detail, considering the classification of workers, wage rates, and other employment conditions. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment. The classification of employees and the associated remuneration were deemed to be equitable and in line with industry standards. Furthermore, the Commission determined that the agreement was likely to promote harmonious, productive and cooperative workplace relations. Consequently, the Commission approved the RAC Glazing Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 as meeting the requirements of section 234 of the Fair Work Act 2009.

The Fair Work Commission approved the RAC Glazing Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027, confirming that it met the necessary criteria under the Fair Work Act 2009. This decision validated the agreement as providing fair and reasonable terms and conditions for employees and as likely to foster positive workplace relations.

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