Construction, Forestry and Maritime Employees Union

[2024] FWCA 2164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1960)

FROTH CARPENTRY PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the Froth Carpentry Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the Froth Carpentry Pty Ltd 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 20 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

The applicant, Construction, Forestry and Maritime Employees Union, sought approval of a collective agreement between itself and Froth Carpentry Pty Ltd for the period 2023-2027. The Fair Work Commission was the forum for this application. The primary dispute revolved around the terms of the proposed agreement, specifically whether certain clauses complied with the applicable legislative framework and industrial standards. The union argued that the agreement was fair and balanced, while Froth Carpentry Pty Ltd contended that some provisions were overly restrictive and could hinder operational flexibility.

The legal issues before the Commission included the validity of specific clauses within the collective agreement, the application of relevant industrial laws, and the extent to which the agreement met the statutory requirements for fairness and reasonableness. The Commission had to determine if the agreement was consistent with the Fair Work Act 2009 and if it adhered to the principles of good faith bargaining and industrial equity. Additionally, the Commission needed to ensure that the agreement did not impose undue burdens on the employer's operational capacity.

After thorough examination of the arguments and the relevant legislative provisions, the Commission found that most clauses in the proposed agreement were reasonable and in line with industrial standards. However, certain provisions were identified as potentially restrictive and were modified to ensure they did not unduly limit the employer's operational flexibility while maintaining fair treatment for employees. The Commission concluded that the agreement, as amended, was fair and balanced and met the statutory requirements for approval. The Commission granted the application with conditions, requiring the union and the employer to adhere to the modified terms of the collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established