Construction, Forestry and Maritime Employees Union

[2024] FWCA 2504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2319)

BLUE WREN HOLDINGS PTY LTD T/AS CIVIC SHOWER SCREENS & WARDROBES AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2024

Application for approval of the Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes and CFMEU Union Collective Agreement 2023–2027 (the Agreement).

An application has been made for approval of an enterprise agreement known as the Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes and CFMEU Union Collective Agreement 2023–2027 (the Agreement). (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 matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between Blue Wren Holdings Pty Ltd trading as Civic Shower Screens & Wardrobes and the Construction, Forestry and Maritime Employees Union (CFMEU). The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on the terms and conditions proposed in the Agreement, with the CFMEU seeking to have it formally recognised and enforceable.

The legal issues before the Commission included whether the Agreement had been made in good faith, whether it contained genuine bargaining, and if it was fair and reasonable in all its terms. Additionally, the Commission needed to consider whether the Agreement provided for a streamlined dispute resolution process and if it complied with the statutory minimum standards set out in the Fair Work Act. The primary focus was on whether the Agreement satisfied the legal requirements for approval under the Act.

The Fair Work Commission examined the evidence presented by both parties and considered the principles of good faith bargaining and genuine agreement. The Commission found that the Agreement had been made in good faith and contained genuine bargaining. It also concluded that the Agreement was fair and reasonable in all its terms, including the provisions for streamlined dispute resolution. The Commission further determined that the Agreement met all statutory minimum standards and did not contravene any provisions of the Fair Work Act. Therefore, the Commission approved the Agreement, making it a legally binding enterprise agreement between the parties.

The Commission issued its decision and approved the proposed Agreement, which will now be binding on the parties. This outcome provides a stable and enforceable framework for the employment relationship between Blue Wren Holdings Pty Ltd and the CFMEU for the duration of the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established