Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2419)

PREZ FIXING & GLAZING PTY LTD T/AS PREZ GLAZING AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 15 JULY 2024

Application for approval of the Prez Fixing & Glazing Pty Ltd T/As Prez Glazing and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Prez Fixing & Glazing Pty Ltd T/As Prez Glazing and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

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 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 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 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 applicant, Prez Fixing & Glazing Pty Ltd trading as Prez Glazing, and the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for their Union Collective Agreement 2023–2027 from the Fair Work Commission. The applicant argued that the agreement was necessary to maintain industrial harmony and to provide a fair and equitable framework for employment conditions within their industry. The CFMEU supported the application, asserting that the agreement met the statutory requirements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the relevant legislative provisions and whether it met the criteria for approval.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement, if it contained all the mandatory terms and conditions required by the Fair Work Act, and whether it was fairly and properly made. The Commission had to consider whether the agreement was made without undue influence, coercion or pressure, and whether it was made in good faith. The applicant argued that the agreement was made after genuine and meaningful consultation, and that it provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the provisions of the Fair Work Act. The Commission found that the agreement was genuinely made by the parties, without any undue influence, coercion or pressure, and that it contained all the mandatory terms and conditions required by the Act. The Commission also found that the agreement was made in good faith, and that it provided for fair and reasonable terms and conditions of employment. Based on this, the Commission approved the Prez Fixing & Glazing Pty Ltd t/as Prez Glazing and CFMEU Union Collective Agreement 2023–2027.

The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Commission and would have effect from the date of registration. The Commission also ordered that the applicant and the CFMEU comply with the provisions of the agreement, and that any disputes arising from the agreement be referred to the Commission for resolution. This decision provides clarity for both parties and sets a precedent for future enterprise agreements in the industry.

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