Construction, Forestry and Maritime Employees Union

[2024] FWCA 2369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2175)

CENTREPOINT CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2024

Application for approval of the Centrepoint Contracting Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Centrepoint Contracting 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 April 2024 and the Agreement was made on 11 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 3 July 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Centrepoint Contracting Pty Ltd. The union sought approval for a collective agreement that would govern the terms and conditions of employment for workers in the specified industries over the period 2023 to 2027. The Commission was tasked with evaluating the proposed agreement to ensure it met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement contained terms and conditions that complied with the statutory requirements and whether it provided for the fair and equitable treatment of all employees involved. Specifically, the Commission examined the proposed terms concerning wages, hours of work, leave entitlements, and dispute resolution mechanisms to determine their compliance with the relevant industrial laws and fairness standards.

In its decision, the Commission found that the proposed collective agreement contained terms and conditions that met the statutory requirements and were fair and equitable for all employees. The Commission highlighted that the agreement provided for minimum wage rates that aligned with the relevant award provisions and included provisions for overtime and penalty rates. The agreement also included provisions for annual leave and other leave entitlements, which were deemed adequate and in line with industry standards. Additionally, the Commission was satisfied with the dispute resolution mechanisms outlined in the agreement, which provided for a fair and efficient process for resolving any disputes that might arise between the union and the employer.

The Commission approved the proposed collective agreement, subject to the parties adhering to the terms and conditions outlined in the agreement. The approval was contingent upon the parties fulfilling their obligations under the Fair Work Act 2009 and ensuring that the agreement was implemented in a manner that was fair and equitable for all employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established