Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2024/2037)

MOONYAH WORKFORCE PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 13 JUNE 2024

Application for approval of the Moonyah Workforce Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Moonyah Workforce Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (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). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The CFMEU lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. 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 Moonyah Workforce Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval from the Fair Work Commission for a proposed agreement. The agreement in question outlines the terms and conditions of employment for workers at Moonyah Workforce Pty Ltd, covering wages, working hours, leave entitlements, and other employment-related matters. The Commission was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed collective agreement was in compliance with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement contained all the required 'protected action provisions' and whether it met the criteria for 'single interest' and 'no disadvantage' as prescribed by the Act. Additionally, the Commission had to ensure that the agreement was negotiated in good faith and did not contain any provisions that would undermine the rights of employees or employers.

In making its decision, the Fair Work Commission thoroughly examined the content of the proposed agreement, assessing whether it met the necessary statutory requirements. The Commission found that the agreement did indeed include all the mandatory 'protected action provisions' and adhered to the 'single interest' and 'no disadvantage' criteria. The Commission also determined that the agreement was negotiated in good faith and did not contain any provisions that would unfairly disadvantage either party. Based on these findings, the Commission concluded that the proposed collective agreement was in compliance with the Fair Work Act.

Accordingly, the Fair Work Commission approved the Moonyah Workforce Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027, confirming that it met all the statutory requirements and was fit for purpose. The agreement is now in effect and will govern the employment conditions of workers at Moonyah Workforce Pty Ltd for the period 2024-2027. This decision underscores the importance of ensuring that collective agreements are thoroughly vetted to uphold the principles of fairness and compliance within the industrial relations framework.

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