Construction, Forestry and Maritime Employees Union

[2024] FWCA 2248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2030)

MOBILE CONCRETING SOLUTIONS PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 17 JUNE 2024

Application for approval of the Mobile Concreting Solutions Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the Mobile Concreting Solutions Pty Ltd 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 24 June 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 this case, the Construction, Forestry and Maritime Employees Union applied for approval of the Mobile Concreting Solutions Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms prescribed by section 235 of the Fair Work Act. The union argued that the agreement satisfied all necessary conditions, while the employer contended that certain provisions were deficient. The Commission needed to examine the agreement's content against the statutory criteria, ensuring it included all mandatory terms and that it was fair and reasonable.

After a thorough examination, the Commission found that the agreement contained all the mandatory terms required by section 235 of the Fair Work Act. The Commission noted that while some provisions required minor adjustments, these could be made without altering the fundamental nature of the agreement. The Commission concluded that the agreement was fair and reasonable, and approved it as a registered agreement under the Act. The Commission's decision provided clarity on the requirements for such agreements and offered a framework for future applications.

The final orders of the Commission were that the Mobile Concreting Solutions Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with effect from the date of the Commission's decision, ensuring that it would provide the intended protections and benefits to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established