Construction, Forestry and Maritime Employees Union

[2024] FWCA 2187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1984)

CUSTOM ARCHITECTURAL SOLUTIONS QLD PTY LTD T/AS CUSTOM CLAD QLD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 JUNE 2024

Application for approval of the Custom Architectural Solutions QLD PTY LTD T/As Custom Clad QLD and CFMEU Union Collective Agreement 2023–2027.

An application has been made for approval of a greenfields agreement known as the Custom Architectural Solutions QLD PTY LTD T/As Custom Clad QLD and CFMEU Union Collective Agreement 2023–2027. (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry and Maritime Employees Union 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 Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Custom Architectural Solutions QLD PTY LTD T/As Custom Clad QLD and the Construction, Forestry and Maritime Employees Union (CFMEU) Union Collective Agreement 2023–2027, the matter was heard by the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, seeking approval of a proposed enterprise agreement. The dispute centred on the terms of the proposed agreement and its compliance with the relevant statutory requirements and principles.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act and whether it complied with the applicable industrial relations principles. The Commission had to assess if the agreement provided fair and reasonable terms for the employees, and whether it adhered to the provisions of the Act, including provisions relating to bargaining, employee rights, and procedural fairness.

After a comprehensive review, the Commission determined that the proposed agreement met the statutory criteria for approval. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, and it complied with the procedural and substantive requirements of the Act. The agreement was found to be in the best interests of the employees and the employer, and it was approved as a registered agreement. The Commission highlighted the importance of the agreement's provisions in providing certainty and stability in the workplace, as well as its alignment with broader industrial relations objectives.

The Commission approved the Custom Architectural Solutions QLD PTY LTD T/As Custom Clad QLD and the Construction, Forestry and Maritime Employees Union (CFMEU) Union Collective Agreement 2023–2027 as a registered agreement, effective from the date of the decision. The agreement is now legally binding on the parties and will govern the employment terms and conditions for the relevant employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established