Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2416)

CF GROUP PILING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building services
COMMISSIONER LEE	MELBOURNE, 11 JULY 2024

Application for approval of the CF Group Piling QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the CF Group Piling QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union 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 is approved and, in accordance with s.54 of the Act, will operate from 18 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

In the matter of the Construction, Forestry and Maritime Employees Union, an application was made to the Fair Work Commission for the approval of the Collective Agreement between the CF Group Piling QLD Pty Ltd and the CFMEU Union for the period 2023–2027. The application arose from negotiations between the union and the employer, which culminated in the proposed agreement, subject to the Commission's approval. The central issue before the Commission was whether the proposed agreement met the legal standards and criteria for approval under the Fair Work Act 2009, including compliance with the 'better off overall test', which requires that employees be no worse off financially under the agreement compared to their previous entitlements.

The Fair Work Commission undertook a comprehensive review of the agreement, assessing its provisions against the legislative requirements. The Commission considered the 'better off overall test', scrutinising the proposed changes to wages, conditions, and other entitlements. The Commission also examined the fairness of the agreement in terms of procedural fairness and whether it adequately represented the interests of the employees. After careful deliberation, the Commission determined that the proposed agreement satisfied all the necessary legal standards and criteria. The Commission was satisfied that employees would be no worse off overall and that the agreement was fair and reasonable.

In light of the findings, the Fair Work Commission approved the Collective Agreement between the CF Group Piling QLD Pty Ltd and the CFMEU Union for the period 2023–2027. The approval was based on the conclusion that the agreement met all statutory requirements and was in the best interest of the employees. The Commission's decision was communicated to both parties, finalising the approval process.

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