Construction, Forestry and Maritime Employees Union

[2024] FWCA 2383

[2024] FWCA 2383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2109)

MERIT CONSULTING GROUP AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 JUNE 2024

Application for approval of the Merit Consulting Group and CFMEU (WA) Collective Agreement 2024-2027

1. The Construction, Forestry and Maritime Employees Union (the Applicant) (CFMEU) has made an application for the approval of an enterprise agreement known as the Merit Consulting Group and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Applicant has opted to rely on the National Employment Standards (NES) precedence clause at clause 5.2 of the Agreement to address two issues. Clause 18.5 of the Agreement omits employees who are pregnant from applying for flexible working arrangements, which appears to be inconsistent with s 65(1A) of the Act. Further, clause 43.7 of the Agreement provides that that the employer and a majority of affected employees may agree to substitute a public holiday for another day. This appears to be inconsistent with s 115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an employee, rather than a majority of employees.

1. The CFMEU (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on 26 June 2024 and, in accordance with s 54, 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

<AE525211  PR776453>