Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2067)

ALPHA NATIONAL PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 20 JUNE 2024

Application for approval of the Alpha National Perdaman Ceres Project GreenfieldsAgreement 2024

An application has been made for approval of an enterprise agreement known as the Alpha National 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/CFMEU).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 30(3) – Family and domestic violence leave.

However, noting clause 4(1) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU WA) and CFMEU have each lodged a Form F21 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU, AMWU and ETU WA.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the CFMEU, AMWU and ETU-WA are 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.

The Agreement is approved and will operate in accordance with s.54 of the Act. 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 matter of Construction, Forestry and Maritime Employees Union, the court was presented with an application for the approval of the Alpha National Perdaman Ceres Project Greenfields Agreement 2024. The application was brought by the Construction, Forestry and Maritime Employees Union, who sought the court's approval of the agreement between the union and the Alpha National Perdaman Ceres Project. The primary issue before the court was whether the agreement met the necessary criteria for approval under the relevant industrial relations legislation. Specifically, the court had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions for the employees.

The court commenced its analysis by examining the contents of the agreement and the process by which it was formed. It considered the evidence provided by the union and the employer regarding the negotiation process and the circumstances surrounding the agreement. The court also evaluated whether the agreement addressed the key terms and conditions of employment in a manner that was fair and reasonable. Furthermore, the court assessed whether the agreement complied with the statutory requirements for approval, including whether it had been made in good faith and whether it contained provisions that were necessary to prevent, mitigate or resolve workplace disputes.

Upon reviewing the evidence and the agreement, the court concluded that the Alpha National Perdaman Ceres Project Greenfields Agreement 2024 met the criteria for approval. The court found that the agreement was made in good faith and provided for fair and reasonable terms and conditions for the employees. The court also determined that the agreement complied with all relevant statutory requirements. Consequently, the court approved the agreement, enabling it to be registered and enforceable under the applicable industrial relations legislation.

The final orders of the court were that the Alpha National Perdaman Ceres Project Greenfields Agreement 2024 be approved and registered as a valid and binding agreement between the Construction, Forestry and Maritime Employees Union and the Alpha National Perdaman Ceres Project. The agreement was to be treated as a protected action agreement for the purposes of the relevant industrial relations legislation, and the court's approval was to be noted on the copy of the agreement lodged with the Fair Work Commission.

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