Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2321)

MICOS ALUMINIUM WINDOWS AND DOORS QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 5 JULY 2024

Application for approval of the Micos Aluminium Windows and Doors QLD PTY LTD and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Micos Aluminium Windows and Doors 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 12 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 applied to the Fair Work Commission for the approval of a proposed collective agreement between Micos Aluminium Windows and Doors QLD PTY LTD and the Union. The agreement covered a period of 2023 to 2027 and the dispute centred on whether the agreement complied with the relevant legislative provisions for approval.

The legal issues the court needed to determine were whether the agreement was a genuine and proper collective agreement, and if it complied with the requirements set forth in the Fair Work Act 2009. Specifically, the court examined whether the agreement was made in good faith, whether it was free from any prohibited content, and whether it complied with the procedural requirements for approval.

The court considered the nature of the agreement, the process by which it was negotiated, and the content of the agreement itself. The court found that the agreement was made in good faith and was free from prohibited content. The court also determined that the procedural requirements for approval were met, and that the agreement complied with the relevant provisions of the Fair Work Act 2009. The court approved the agreement, finding it to be a genuine and proper collective agreement.

The court made an order approving the Micos Aluminium Windows and Doors QLD PTY LTD and CFMEU Union Collective Agreement 2023-2027. The agreement was approved on the basis that it complied with the requirements of the Fair Work Act 2009 and was a genuine and proper collective agreement.

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