Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1961)

NEW AGE CP PTY LTD T/AS NEW AGE COVERINGS & PREPARATION AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the New Age CP Pty Ltd T/As New Age Coverings & Preparation and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the New Age CP Pty Ltd T/As New Age Coverings & Preparation 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 by 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 by 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 case involved an application for approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and New Age CP Pty Ltd, trading as New Age Coverings & Preparation. The dispute was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary issue for the Commission was whether the proposed collective agreement complied with the statutory requirements and whether it was in the best interests of the employees.

The Fair Work Commission was required to determine whether the collective agreement met the necessary criteria for approval, including whether it was free from prohibited content, whether it provided for a proper dispute resolution mechanism, and whether it had been genuinely negotiated between the parties. The Commission also needed to consider whether the agreement would promote productivity, efficiency and profitability within a framework that is conducive to achieving equitable outcomes for employees.

In assessing the collective agreement, the Fair Work Commission considered the terms and conditions proposed within it, including the provisions relating to wages, hours of work, and other employment conditions. The Commission found that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse effect on the employees. Furthermore, the Commission was satisfied that the agreement provided for an appropriate dispute resolution mechanism and that it had been genuinely negotiated between the parties. Consequently, the Commission approved the collective agreement, finding that it was in the best interests of the employees.

The Fair Work Commission's decision was that the New Age CP Pty Ltd T/As New Age Coverings & Preparation and CFMEU Union Collective Agreement 2023-2027 was approved, effective from the date of the decision. This outcome meant that the agreement would become legally binding on the parties and their employees, providing a framework for the employment relationship between them for the duration of the agreement.

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