Construction, Forestry and Maritime Employees Union

[2024] FWCA 2441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2134)

MACS AUSTRALIA GROUP PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 1 JULY 2024

Application for approval of the MACS Australia Group Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the MACS Australia Group Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (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 Applicant).

This is a greenfields agreement that meets the requirements of s.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 the three employee organisations, being the Construction, Forestry and Maritime Employees Union (the CFMEU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) are, between them, eligible to represent the majority of employees who will be covered by the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

The CFMEU, the AMWU and the CEPU were bargaining representatives and the Agreement has been made with each of those organisations. As such, pursuant to s.53(2)(b) and s.201(2A) of the Act I note that the Agreement covers these organisations.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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 9 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union brought an application to the Fair Work Commission for the approval of the MACS Australia Group Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The dispute arose from negotiations between the union and the employer regarding the terms of employment for workers at the Perdaman Ceres Project Greenfields. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for an enterprise agreement. This included assessing whether the agreement provided for a fair and efficient workplace, covered all employees in the relevant bargaining unit, and was negotiated in good faith. The Commission also had to consider whether the agreement adhered to the provisions concerning minimum entitlements and whether it was reasonably likely to ensure better conditions for the employees.

The Commission found that the agreement met the statutory criteria for approval. It was determined to be fair and efficient, covering all employees within the relevant bargaining unit. The negotiations were conducted in good faith, and the agreement provided for terms that were not less favourable than the applicable minimum entitlements. The Commission concluded that the proposed agreement was reasonably likely to ensure better conditions for the employees, thus satisfying the requirements under the Fair Work Act.

The Fair Work Commission approved the MACS Australia Group Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The agreement was certified as an enterprise agreement, effective from the date of the Commission's decision. This decision ensures that the terms of employment for the workers at the Perdaman Ceres Project Greenfields are governed by the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established