Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2042)

GALLOWAY ELECTRICAL CONTRACTORS PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 26 JUNE 2024

Application for approval of the Galloway Electrical Contractors Perdaman Ceres Project Greenfields Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Galloway Electrical Contractors 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 3 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for the Galloway Electrical Contractors Perdaman Ceres Project Greenfields Agreement 2024. The dispute arose from negotiations between the union and the employer, Galloway Electrical Contractors, concerning the terms and conditions of employment for workers involved in the Perdaman Ceres Project at Greenfields. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the proposed agreement provided a safety net of minimum entitlements for employees and whether it facilitated a cooperative and productive workplace. The Commission had to assess the agreement against statutory requirements, ensuring it did not undermine the basic protections afforded to employees under the Fair Work Act. This included evaluating provisions related to wages, hours of work, leave entitlements, and dispute resolution mechanisms.

After reviewing the submitted agreement, the Commission found that it met the statutory requirements for approval. The agreement was deemed to provide a safety net of minimum entitlements, ensuring employees were not disadvantaged. Furthermore, the agreement included provisions that promoted a cooperative and productive workplace, aligning with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement, recognising its compliance with the necessary legal standards.

The final orders of the Commission included the approval of the Galloway Electrical Contractors Perdaman Ceres Project Greenfields Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the specified workforce at the Perdaman Ceres Project. The approval was contingent upon the agreement being implemented in good faith and without undermining the basic protections for employees.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established