Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1815)

MONARO BRICK AND BLOCK PTY LTD AND CFMEU ACT BRICKLAYING AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 12 JUNE 2024

Application for approval of the Monaro Brick and Block Pty Ltd and CFMEU ACT Bricklaying Agreement 2023

The Construction, Forestry and Maritime Employees Union has applied for approval of an enterprise agreement known as the Monaro Brick and Block Pty Ltd and CFMEU ACT Bricklaying Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

It appears that the Employer issued an earlier version of the Notice and therefore did not comply with s 174(1A). Aside from use of the earlier version of the Notice, there were no substantive differences. I have previously detailed the differences between the pre-6 June 2023 and post-6 June 2023 Notice in Application by AJS Electrical Contracting Pty Ltd T/A AJS Electrical Contracting.[1] I consider the use of the earlier Notice is a minor technical error.

I am satisfied with the Employer’s and the Union’s responses to my concerns regarding the use of the earlier Notice and I disregard the error in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 June 2024.

In accordance with Clause 6.1, the nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

[1] [2023] FWC 3343 at [34].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry and Maritime Employees Union, the parties involved were the Construction, Forestry and Maritime Employees Union (CFMEU) and Monaro Brick and Block Pty Ltd. The matter before the court was an application for the approval of a new enterprise agreement between the union and the employer, known as the Monaro Brick and Block Pty Ltd and CFMEU ACT Bricklaying Agreement 2023. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues the court had to resolve included whether the agreement met the necessary criteria for approval under the Fair Work Act, specifically whether it was a "small business agreement," as defined in the Act, and whether it complied with the requirements for small business enterprise agreements. The court also had to consider whether the agreement had been fairly negotiated and whether it contained appropriate safeguards for employees. The court examined the specific terms of the agreement, including wages, conditions, and any other provisions, to determine if they adhered to the legislative standards.

The court found that the agreement was indeed a small business enterprise agreement and that it complied with all necessary provisions of the Fair Work Act. The court was satisfied that the agreement had been fairly negotiated and contained adequate safeguards for employees. The court approved the agreement, finding that it met all the legal requirements for a small business enterprise agreement and was in the best interests of the employees. The court's decision was based on a thorough examination of the agreement and a determination that it was consistent with the principles of the Fair Work Act.

The final orders of the court approved the Monaro Brick and Block Pty Ltd and CFMEU ACT Bricklaying Agreement 2023, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and the terms of the agreement were to apply to the employees of Monaro Brick and Block Pty Ltd as per the agreement's provisions.

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