Construction, Forestry and Maritime Employees Union

[2024] FWCA 2296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2108)

TECHNARCH PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 JUNE 2024

Application for approval of the Technarch Pty Ltd and CFMEU (WA) Collective Agreement 2024–2027

An application has been made for approval of a greenfields agreement known as the Technarch Pty Ltd and CFMEU (WA) Collective Agreement 2024–2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s 185 of the Fair Work Act 2009 (the Act).

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 CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.

The Applicant has opted to rely on the National Employment Standards (NES) precedence clause at clause 5.2 of the Agreement to address an issue regarding clause 43.7 of the Agreement. That clause provides that the employer, with the consent of any employee or the majority of employees in the workplace, may substitute a public holiday for another day. This appears inconsistent with s 115(3) of the Act which provides that an employer and individual employee may agree on the substitution of a day or part-day of a public holiday.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 June 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 Construction, Forestry and Maritime Employees Union (WA) sought approval of a collective agreement with Technarch Pty Ltd. The dispute centred around the terms of the proposed agreement and whether it complied with the relevant industrial laws. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the collective agreement contained all the mandatory provisions required under the Fair Work Act 2009. The Commission also had to consider whether the agreement was made in good faith and whether it provided for the proper operation of enterprises. Furthermore, the Commission examined whether the agreement complied with the terms of the national workplace relations system, including the national minimum terms and conditions.

The Commission carefully reviewed the terms of the proposed agreement and found that it contained all the mandatory provisions required by law. It was evident that the agreement had been made in good faith and provided for the proper operation of the enterprises involved. The Commission also determined that the agreement complied with the national workplace relations system and did not undermine the national minimum terms and conditions. Consequently, the Commission approved the Technarch Pty Ltd and CFMEU (WA) Collective Agreement 2024–2027.

The Commission's approval of the collective agreement ensures that the terms and conditions of employment for the relevant workers are protected and that the agreement operates within the framework of the national workplace relations system. This decision provides certainty for both the employer and the employees and helps to maintain a fair and balanced industrial relations environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established