Construction, Forestry and Maritime Employees Union

[2024] FWCA 2428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2164)

G JAMES OFFSITE MANUFACTURING AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JULY 2024

Application for approval of the G James Offsite Manufacturing and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the G James Offsite Manufacturing 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 the 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 8 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 application before the Fair Work Commission was brought by the Construction, Forestry and Maritime Employees Union, seeking approval of the G James Offsite Manufacturing and CFMEU Union Collective Agreement 2023-2027. The dispute centred on whether the terms of the agreement were consistent with the requirements of the Fair Work Act 2009, specifically whether they complied with the provisions regarding good faith bargaining, the avoidance of industrial action, and the promotion of workplace fairness.

The primary legal issues the Commission needed to address were whether the agreement adequately met the statutory criteria for approval, and whether it contained any terms that were not genuinely intended to regulate the employment relationship between the employer and the employees. The Commission also needed to consider if the agreement contained any provisions that were contrary to public policy or were otherwise unenforceable.

The Commission examined the agreement clause by clause, determining that the majority of the provisions were consistent with the requirements of the Act. The Commission found that the agreement was the product of genuine negotiations between the parties and was intended to regulate the employment relationship. It was noted that the agreement contained provisions that promoted workplace fairness and avoided unnecessary industrial action. The Commission concluded that the agreement was consistent with the principles of good faith bargaining and the promotion of industrial peace. The application for approval was ultimately granted, and the agreement was registered as a lawful and enforceable collective agreement.

The Commission made orders approving the G James Offsite Manufacturing and CFMEU Union Collective Agreement 2023-2027, subject to the terms and conditions set out in the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would be binding on the employer and the employees covered by the agreement. The decision provided clarity for the parties involved and ensured that the agreement would be a lawful and enforceable collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established