Construction, Forestry and Maritime Employees Union

[2024] FWCA 2108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1867)

Q-PRESS TRADING PTY LTD T/AS PARTNERS ENGINEERING AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JUNE 2024

Application for approval of the Q-Press Trading PTY LTD T/As Partners Engineering and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Q-Press Trading PTY LTD T/As Partners Engineering and CFMEU Union Collective Agreement 2023–2027 (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 Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 February 2024 and the Agreement was made on 22 May 2024 Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023

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 18 June 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the Q-Press Trading PTY LTD T/As Partners Engineering and CFMEU Union Collective Agreement 2023–2027. The dispute centred on whether the proposed agreement met the legal requirements for approval under the relevant industrial relations legislation. The application was heard in the Fair Work Commission.

The key legal issues addressed by the court were whether the collective agreement complied with the Fair Work Act 2009 and whether it was made in good faith and for the purposes of establishing the terms and conditions of employment. Additionally, the court had to consider whether the agreement met the criteria for being a "single interest employer agreement," as defined in the legislation. The court also needed to assess if the agreement provided for fair and reasonable terms and conditions of employment, and whether it adequately balanced the interests of both the employer and the employees.

The Fair Work Commission determined that the proposed collective agreement met all the legal requirements for approval. The court found that the agreement was made in good faith, aimed at establishing the terms and conditions of employment, and balanced the interests of both parties. It was also determined to be a single interest employer agreement, as it covered all employees of the specified employer within the defined bargaining unit. The court concluded that the agreement provided fair and reasonable terms and conditions of employment, taking into account the economic circumstances and the need for a cooperative workplace.

The Fair Work Commission approved the Q-Press Trading PTY LTD T/As Partners Engineering and CFMEU Union Collective Agreement 2023–2027, thereby finalising the dispute. The decision confirmed the agreement as a legally binding document governing the employment terms and conditions between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established