Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1892)

CORE BUILDING SERVICES (ACT) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER CONNOLLY	MELBOURNE, 18 JUNE 2024

Application for approval of the Core Building Services (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Core Building Services (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 June 2024.

The notification time for the Agreement under s.173(2) was 24 April 2024 and the Agreement was made on 16 May 2024. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

On 12 June 2024, the Employer was invited to address aspects of the Agreement. The Applicant filed submissions on 13 June 2024, and I have accepted them.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 November 2025.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the Core Building Services (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021. The dispute arose from negotiations between the union and the employer over terms and conditions of employment for workers within the building services industry in the ACT. The primary issues for determination included whether the agreement was a genuine enterprise agreement, whether it met the prescribed minimum standards, and whether it contained any terms that were not genuinely related to the enterprise.

The Commission examined the process by which the agreement was negotiated and the level of employee and employer representation during this process. The court considered the evidence provided on whether the agreement had been genuinely negotiated and if it had been appropriately finalised. Additionally, the court assessed whether the agreement contained any terms that exceeded the minimum standards prescribed by the Fair Work Act 2009, or if it included any terms that were not genuinely related to the enterprise. The Commission also looked into the fairness of the terms, especially those relating to pay and conditions, to ensure they complied with the statutory minimum standards.

After reviewing the submissions and evidence from both parties, the Commission concluded that the agreement was a genuine enterprise agreement. It found that the negotiation process was conducted in good faith and that the agreement had been finalised in accordance with the relevant provisions of the Fair Work Act. The Commission determined that the agreement met the prescribed minimum standards and did not contain any terms that exceeded these standards or were not genuinely related to the enterprise. Consequently, the Commission approved the agreement under the Act.

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